Legal Opinion · Dissent

Innosys, Inc. v. Mercer

Utah Supreme Court

Decided August 28, 2015No. Case No. 20110261Published

1DissentJustice Durham

1 65 I respectfully dissent from the majority opinion. I would affirm summary judgment against InnoSys on all claims. InnoSys failed to create a dispute of material fact that would preclude summary judgment on both its damages claims and its claims for injune-tive relief.

I. SUMMARY JUDGMENT ON INNO-SYSS DAMAGES CLAIMS FOR MIS- - APPROPRIATION OF TRADE SECRETS AND FOR BREACH OF CONTRACT

1 66 It is well established in Utah that to overcome a motion for summary judgment on a claim for which damages is an element, the plaintiff must show evidence of damages. Borghetti v. Sys. & Comput. Tech Inc.,…

2Cases cited42 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  3. United States v. W. T. Grant Co.Supreme Court of the United States · 1953
  4. Transamerica Mortgage Advisors, Inc. v. LewisSupreme Court of the United States · 1979
  5. Already, LLC v. Nike, Inc.Supreme Court of the United States · 2013

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