May 23, 2019

Archives for June 28, 2011

Tenth Circuit: Invited Error Doctrine Precludes Party from Arguing that District Court Erred in Adopting a Proposition that the Party Urged the Court to Adopt

The Tenth Circuit Court of Appeals issued its opinion in ClearOne Communications, Inc. v. Yang on Monday, June 27, 2011.

The Tenth Circuit affirmed the district court’s decision. Respondent filed suit against Petitioners, alleging misappropriation of trade secrets, breach of fiduciary duty, breach of contract, and breach of the duty of good faith and fair dealing. At trial, the jury found in favor of Respondent on all of its claims. Petitioners now appeal on several grounds, two of which are discussed below.

Petitioners claim that the district court erred in awarding Respondent permanent injunctive relief because that relief was not limited in geographic, temporal, or prohibitive scope, and Respondent had an adequate remedy at law. The Court disagreed, finding that district court’s injunction does not effectively prohibit Petitioners “from working in the audio/echo cancellation industry; rather, it simply prohibits them from making use of [Respondent]’s trade secret . . . .”

Petitioners also claim that the district court erred in concluding that Utah law, rather than Massachusetts law, applied to Respondent’s misappropriation of trade secrets claims. However, the Court determined that Petitioners are barred from raising this argument by the invited error doctrine; “[t]he invited-error doctrine precludes a party from arguing that the district court erred in adopting a proposition that the party had urged the district court to adopt.” Invited error is a form of waiver, or “an intentional relinquishment or abandonment of a known right.” Although Petitioners initially asserted that Massachusetts law applied to Respondent’s misappropriation claims, they subsequently abandoned that position and argued that Utah law applied to the claims.

Tenth Circuit: Unpublished Opinions, 6/27/11

On Monday, June 27, 2011, the Tenth Circuit Court of Appeals issued one published opinion and two unpublished opinions.


Lewis v. Sandoval

United States v. Jordan

No case summaries are available for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.