Patience is a virtue when it comes to litigation, but some decisions are worth the wait!  CMM has successfully appealed the dismissal of numerous claims in a commercial case, paving the way for our client to pursue claims against a multinational competitor who interfered with his business.

CMM’s client is a technology and manufacturing company with operations in the United States and China. The client brought a lawsuit against a former employee and other related parties for breach of a noncompete agreement, misappropriation of trade secrets, unfair competition, and false advertising. The former employee moved for summary judgment (essentially asking the court to dismiss the case on the grounds that there were no facts in dispute), and in 2017, the trial court agreed, dismissing the claims.

CMM appealed the dismissal to the Appellate Division, Second Department. CMM’s Jeffrey Basso wrote the brief and argued the appeal in January 2020, analyzing the complex facts and law behind each claim to convince the Court that the claims should not have been dismissed.

In a decision issued in July 2020, the Appellate Court agreed with CMM’s arguments, reversing the trial Court’s decision and reinstating three of the four dismissed claims. This decision is a huge win for our client, allowing the company to continue to pursue claims against the former employee, who in the years since has become a major competitor.

Learn more about our successful commercial litigation and appellate practices and how we can help your business with any need.