Logourl black
From our private database of 14,200+ case briefs...

AllTech Communications, LLC v. Brothers

United States District Court for the Northern District of Oklahoma
601 F. Supp. 2d 1255 (N.D. Okla. 2008)


Facts

AllTech Communications, LLC (AllTech) (plaintiff) produces portable cellular towers. Robert Brothers (defendant) was an owner and chief operations officer (COO) of AllTech. Brothers left AllTech to work for a competitor, TowerWorx (defendant). AllTech sued the defendants for damages related to the misappropriation of confidential business information Brothers gained while COO. Within 10 days of filing an answer, Brothers filed a third-party complaint under Federal Rule of Civil Procedure (FRCP) 14 against Kris Langholz, Robert Langholz, and Laurence Langholz, all officers of AllTech. Brothers said that before his resignation, the Langholzes had breached fiduciary duties, breached a contract, and unjustly enriched themselves, which caused him to leave the company. The Langholzes moved to dismiss the third-party complaint on the grounds that Rule 14 only allowed a defendant to implead a third party if that party might be liable for all or part of the claim against the defendant. The Langholzes argued the claims asserted against them were not derivative or dependent on Brothers’s liability. Alternately, the defendants requested leave to file an amended counterclaim under FRCP 13(h) and add the claims against the Langholzes.

Rule of Law

Issue

Holding and Reasoning (Kern, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 251,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.