TruGreen Companies, L.L.C. v. Mower Bros., Inc.

NEHRING, Justice:

INTRODUCTION

«1 We consented to answer two questions that were certified to us by the United States District Court for the District of Utah. These questions are as follows:

1. Whether under Utah law a former employer is entitled to an award of lost profits damages, or instead an award of restitution or unjust enrichment damages, where a former employee has breached contractual non-competition, non-disclosure, and employee non-solicitation provisions?

2, Whether Utah law recognizes an unjust enrichment measure of damages for tortious interference with a competitor's contractual…