[Download] "Ex Parte Drill Parts & Service Company v." by Supreme Court of Alabama ~ eBook PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Ex Parte Drill Parts & Service Company v.
• Author : Supreme Court of Alabama
• Release Date : January 22, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Drill Parts & Service Company, Inc., and Carlton Montgomery have petitioned this Court for a writ of mandamus directing
the Honorable Marvin Cherner, Judge of the Jefferson County Circuit Court, to set aside his order denying their request for
a trial by jury. The writ is denied. Joy Manufacturing Company ("Joy") sued the petitioners, alleging that they had misappropriated its trade secrets and seeking
injunctive relief. Judge William Thompson of the Jefferson County Circuit Court entered a preliminary injunction in favor
of Joy, and that injunctive order was later affirmed by this Court. See Drill Parts & Service Co. v. Joy Manufacturing
Co., 439 So.2d 43 (Ala. 1983), for a detailed statement of the facts in this case. After securing the preliminary injunction,
Joy amended its complaint by adding a claim for damages based on the alleged misappropriation of trade secrets, a claim for
conversion, and a claim based on allegations of unjust enrichment on the part of the petitioners. The petitioners filed an
answer and demanded a trial by jury "on all issues." Thereafter, following a full evidentiary hearing, Judge Cherner entered
a permanent injunction against the petitioners. 1 Joy moved for a partial summary judgment on its misappropriation-of-trade-secrets
claim. Joy argued that it was entitled to a judgment as a matter of law with respect to the issue of the petitioners' liability
for misappropriating trade secrets because, it argued, liability had already been determined in connection with the request
for the permanent injunction. In opposition to Joy's motion, the petitioners argued that a judgment for Joy as a matter of
law would be inappropriate because they had demanded a jury trial "on all issues," including the issue of whether they were
liable in damages for misappropriating Joy's trade secrets. Judge Cherner ruled that Joy's claim alleging misappropriation
of its trade secrets was equitable in nature, in that it primarily sought injunctive relief, and that Joy's damages claim
was merely incidental to the injunctive relief requested and did not alter the equitable nature of the claim. He further ruled
that the petitioners were not entitled to a jury trial on Joy's claim for damages for misappropriation of trade secrets, and
he set a hearing to determine damages. Although Judge Cherner did not specifically state in his order that he was entering
a partial summary judgment in favor of Joy on the liability issue, the effect of the order was to do just that. Judge Cherner
did not certify his order as final pursuant to Rule 54(b), Ala.R.Civ.P. After Judge Cherner refused to sign the statement
required for an appeal by permission pursuant to Rule 5, Ala.R.App.P., the petitioners sought mandamus review in this Court.
All of Joy's claims (i.e., its damages claim alleging misappropriation of trade secrets; its conversion claim; and its claim
based on the alleged unjust enrichment of the petitioners) remain pending below.

Books Free Download "Ex Parte Drill Parts & Service Company v." PDF ePub Kindle