Picot v. Weston
United States Court of Appeals for the Ninth Circuit
780 F.3d 1206 (2015)
- Written by Elliot Stern, JD
Facts
Dean Weston (defendant) lived and worked in Michigan. Weston worked with Bernard Picot (plaintiff) and Paul Manos to develop new technology for hydrogen fuel cells. In 2009, Weston and Manos met in Michigan. According to Weston, the two reached an oral agreement under which Weston would help develop the technology in exchange for $20,000 a month and a one-third share of profits from a sale of the technology. Later, Weston, Picot, and Manos met in Michigan. Weston alleged that Picot confirmed the prior oral agreement. Picot and Manos denied that any oral agreement ever existed. Weston worked in Michigan but twice traveled to California at the request of Manos and Picot to help with client demonstrations. Picot and Manos sold the technology for $35 million to HMR, an Ohio-based company. Weston asked Manos for his share and threatened to destroy Manos and Picot if Weston did not receive a sum of $250,000. Later, Weston threatened to sue Picot and Manos if they did not pay Weston pursuant to their oral agreement. Because of the litigation threat and statements by Weston to Tracy Coats, an owner of HMR, HMR stopped making payments to Picot and Manos. Picot and Manos sued Weston in California, seeking a declaration that no oral agreement existed between the parties and damages for intentional interference with the HMR contract. Weston removed the case to a federal court and moved to dismiss for lack of personal jurisdiction. The court agreed that it lacked jurisdiction over Weston. Picot appealed.
Rule of Law
Issue
Holding and Reasoning (Tashima, J.)
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