“In 250ok, Inc v Message Systems, Inc, plaintiff alleged breach of contract, unjust enrichment, and misappropriation of trade secrets. The issue addressed in the opinion is straightforward, and it doesn’t seem like a hard case. Delaware’s Uniform Trade Secrets Act (DUSTA) ‘displaces conflicting tort, restitutionary and other law of this State providing civil remedies for misappropriation of a trade secret’. Message Systems operates under the name of SparkPost, so I will call them that here. SparkPost sought to dismiss 250ok’s unjust enrichment claim on the ground that it was prohibited from bringing both a claim for a DUSTA violation and an unjust enrichment claim. That is clearly correct, and so the court dismissed the unjust enrichment claim …” (more)
[Jeremy Telman, ContractsProf Blog, 4 February]
First posted 2021-02-05 16:45:11
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