Legal Opinion

Spear Marketing, Incorporated v. BancorpSouth Bank

Court of Appeals for the Fifth Circuit

Decided June 30, 2015No. 14-10753PublishedCited by 64 opinions

1Opinion of the Court

WIENER, Circuit Judge:

Plaintiff-Appellant Spear Marketing, Inc. (“SMI”) brought various Texas state law claims against Defendants-Appellees BancorpSouth Bank (“BCS”) and ARGO Data Resource Corp. (“ARGO”) (collectively, “Defendants”) in Texas state court. SMI’s claims related to Defendants’ alleged theft of trade secrets in connection with a software program developed and sold by SMI. Defendants removed the case to federal court on the basis of complete preemption by the Copyright' Act. 1 The district court denied SMI’s motion to remand and, after discovery, granted Defendants’ motion for…

2Cases cited54 opinions

  1. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  2. Aetna Health Inc. v. DavilaSupreme Court of the United States · 2004
  3. Grupo Dataflux v. Atlas Global Group, L. P.Supreme Court of the United States · 2004
  4. Forsyth v. BarrCourt of Appeals for the Fifth Circuit · 1994
  5. Ragas v. Tennessee Gas Pipeline Co.Court of Appeals for the Fifth Circuit · 1998

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3Cited by64 opinions

  1. Lindsey Hoyt v. Lane Construction CorporatiCourt of Appeals for the Fifth Circuit · 2019
  2. Globeranger Corp. v. Software AG United States of America, Inc.Court of Appeals for the Fifth Circuit · 2016
  3. Motion Medical Technologies, L.L.C. v. Thermotek, Inc.Court of Appeals for the Fifth Circuit · 2017
  4. Spear Marketing, Incorporated v. BancorpSouth BankCourt of Appeals for the Fifth Circuit · 2016
  5. Saleh v. Sulka TradingCourt of Appeals for the Second Circuit · 2020

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