Astro-Med, Inc. v. Nihon Kohden America, Inc.
United States Court of Appeals for the First Circuit
591 F.3d 1 (1st Cir. 2009)
Astro-Med, Inc. (Astro-Med) (plaintiff) is Rhode Island company. Astro-Med keeps its financial and marketing information confidential. Astro-Med hired Kevin Plant (defendant). The employee agreement Plant signed included non-competition and non-disclosure clauses, as well as a forum selection clause naming Rhode Island as the proper place for dispute resolution. Astro-Med gave Plant access to its confidential information. Plant asked Astro-Med to relocate him to Florida, which it did. Subsequently, Nihon Kohden America, Inc. (Nihon) (defendant), a California corporation and competitor of Astro-Med, hired Plant out from under Astro-Med to sell its competing products in the same sales region. Nihon was aware of the employment agreement Plant had signed beforehand. Astro-Med sued Plant in federal district court in Rhode Island for breach of contract and misappropriation of trade secrets. Astro-Med later asserted an unfair competition claim against Plant and joined Nihon, asserting tortious interference and misappropriation of trade secrets. After a contentious trial, Astro-Med was awarded $375,800 in damages. Nihon appealed, arguing that Rhode Island was an improper venue and the case should have been dismissed or transferred.
Rule of Law
Holding and Reasoning (Woodcock, J.)
What to do next…
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.
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 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.