Mealeys

Mealey's Trade Secret - Damages Award In Trade Secrets Misappropriation Suit Vacated, Remanded

NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 3 vacated a federal district court's awards of compensatory damages in a trade secret misappropriation lawsuit under the "avoided costs" theory, ruling that the New York Court of Appeals' answer to a certified question that compensatory damages must return a plaintiff to the position it would have been in "had the wrongdoing not occurred" requires the panel to vacate the district court's ruling and remand it for further proceedings (E.J. Brooks Co. v. Cambridge Security Seals, Nos. 16-207 and 16-259, 2nd Cir., 2018 U.S. App. LEXIS 18286).
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