diversity jurisdiction

shutterstock_312797282Earlier this fall, the U.S. District Court in Massachusetts transferred an employee’s declaratory judgment action to the Eastern District of Michigan pursuant to a forum-selection clause in a non-compete agreement over the employee’s argument that he had signed the agreement under duress because he was not told he would need to sign it until he had already spent the money and traveled all the way from India to the United States. The court also used the value of the employee’s annual salary, not just the damages the former employee was seeking to recover, to determine whether the minimum threshold for diversity jurisdiction had been satisfied, because his former employer was seeking to enforce his non-compete and keep him out of work. The case is Kurra v. Synergy Computer Solutions, Inc., No. 15-cv-13952-ADB (D. Mass.).
Continue Reading Federal Court Rejects Foreign Employee’s Attempt to Avoid Forum Selection Clause on Grounds He Signed Under Duress Upon Arriving in U.S.

A recent Alabama federal court decision discusses how to determine the “amount in controversy” when a state court trade secret misappropriation case is removed to federal court based on diversity of citizenship, but the complaint is silent as to the amount of damages demanded.

In order to place a value on the allegedly misappropriated trade secrets, courts take into account
Continue Reading Alabama Federal Court Issues Decision Regarding Measuring The “Amount In Controversy” When The Plaintiff’s State Court Trade Secret Misappropriation Complaint Is Silent As To The Amount Of Damages And The Defendant Removes The Case To Federal Court

Can a California corporation with virtually no ties to Rhode Island nonetheless be sued in Rhode Island federal court for misappropriation of a Rhode Island company’s trade secrets because the California corporation lured away a Florida employee who had a confidentiality agreement with the Rhode Island company?   Yes, according to the United States Court of Appeals for the First Circuit.  

Continue Reading First Circuit Court of Appeals Liberally Construes Personal Jurisdiction, Leading to 1.16 Million Dollar Verdict