Judges and Judiciary
Apr. 26, 2007
Jury First
Focus Column - By Paul Fogel and Ray Cardozo - The defense in a trial over misappropriation of trade secrets might try to shift an "equitable claim" of unjust enrichment away from the jury and over to the judge to decide. Plaintiffs shouldn’t let them.
By Paul Fogel and Ray Cardozo
An article appeared in this newspaper in late March, claiming that defendants in trade-secret misappropriation cases can force plaintiffs to forgo a jury trial on "disgorgement of profits" by insisting that the court try the "equitable claim" of unjust enrichment for misappropriation before a jury considers damages. Readers were told that the prospect of defeating the plaintiff's dema...
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