United States District Court for the District of South Carolina
139 F.R.D. 91 (D.S.C. 1991)
Mark Yost (defendant) was employed by The Torrington Company (Torrington) (plaintiff), a bearing manufacturer incorporated in Delaware, for twelve years. During that time, Yost signed a contract not to disclose Torrington’s trade secrets. In 1990, Yost began working for another bearing manufacturer, Delaware corporation INA Bearing Company, Inc. (INA). Torrington sued Yost in the United States District Court for the District of South Carolina under its diversity jurisdiction to protect its trade secrets. Torrington requested damages and an injunction prohibiting Yost from working in any INA plant that produces thrust bearings for 18 months. Torrington also requested the return of all confidential materials from Yost, anyone in privity with him, and those aware of the injunction. Yost moved to dismiss on the ground that an indispensible party, his employer INA, had not been joined, as required by Rule 19 of the Federal Rules of Civil Procedure (FRCP).
Rule of Law
Holding and Reasoning (Herlong, J.)
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