CopyCited 22 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 32659, 2007 WL 1303035
...Lineas Aereas Costarricenses, S.A.,
685 So.2d 1238, 1239 (Fla.1996); Moransais v. Heathman,
744 So.2d 973, 981 (Fla. 1999). [61] Indem. Ins. Co. of N.A.,
891 So.2d at 542. [62] Id. at 542-43. [63] Bradley Factor, Inc. v. U.S.,
86 F.Supp.2d 1140, 1144-46 (M.D.Fla.2000). [64] Fla. Stat. §
688.008(1)....
CopyCited 22 times | Published | District Court, M.D. Florida | 2005 U.S. Dist. LEXIS 28417, 2005 WL 1126660
...ration Florida's Uniform Trade Secrets Act, §§
688.001, et seq. ("FUTSA"). The Court concludes that the claims are not preempted. Section
688.004 of FUTSA states that a complainant may recover damages for the misappropriation of its trade secrets. Section
688.008 of the Act provides that the FUTSA "displace[s] conflicting tort, restitutory, and other law of this state providing civil remedies for misappropriation of a trade secret." The Act specifies that this preemption does not apply to "con...
...The court concluded that whether FUTSA preempted the unfair competition claim depended on "whether allegations of trade secret misappropriation alone comprise the underlying wrong...." [51] "[I]f so," the court reasoned, "the cause of action is barred by § 688.008." [52] Comparing the allegations comprising the claim for unfair *1181 competition with those comprising the claim for misappropriation of trade secrets, the court concluded that the allegations in the two claims contained no "material dis...
...Accordingly, because these claims are materially distinct from the misappropriation of trade secrets claim in count one, they are not preempted. The Plaintiff also moves to dismiss count three, the breach of oral confidentiality agreement claim, on the basis of FUTSA preemption. The FUTSA preemption provisions in § 688.008(2)(a) expressly except "contractual remedies" from the scope of preemption....
...Bank of Daytona Beach,
422 So.2d 820, 823 (Fla.1982). [47] Davila v. Delta Air Lines, Inc.,
326 F.3d 1183, 1185 (11th Cir.2003) ("[C]onclusory allegations, unwarranted factual deductions or legal conclusions masquerading as facts will not prevent dismissal [for failure to state a claim]."). [48] §
688.008(2)(a) & (b), Fla....
CopyCited 15 times | Published | District Court, S.D. Florida | 2002 U.S. Dist. LEXIS 22438, 2002 WL 31618441
...As the claim is properly stated, the claim survives at least until such a record exists. D. Unfair Competition Coleman argues that Plaintiff's unfair competition claim is barred because it is based on the same allegations as the misappropriation of trade secrets claim. Section 688.008 of the UTSA provides that the UTSA "displace[s] conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret." § 688.008(1), Fla. Stat. (2002). The UTSA specifies that this preemption does not apply to "[o]ther civil remedies that are not based upon misappropriation of a trade secret." Id. at § 688.008(2)(b)....
...After doing so, the court concluded that "the plain language clearly precludes common law claims based on a theory of misappropriation of trade secrets. Thus, the issue becomes whether allegations of trade secret misappropriation *1336 alone comprise the underlying wrong; if so, the cause of action is barred by § 688.008." Id....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 1999 Fla. App. LEXIS 2184, 1999 WL 94588
...All Pro does not challenge application of the Garrido standard to the common law claims involved in this case. The misappropriation claim, however, is statutory, and Florida's Uniform Trade Secrets Act displaces tort law regarding trade secret misappropriation. § 688.008(1), Fla....
CopyCited 8 times | Published | District Court, S.D. Florida
...g the trade secret information to develop the Wellpartner platform so that it was compatible with Sentry's platform to promote a seamless transition of Sentry's customers to Wellpartner. At this stage, these allegations are sufficient. 2. Preemption Section 688.008 of FUTSA "displace[s] conflicting tort, restitutory, and other law of this state providing civil remedies for misappropriation of a trade secret." Fla. Stat. § 688.008 (1). FUTSA, however, does not preempt "other civil remedies that are not based upon misappropriation of a trade secret" or "[c]ontractual remedies, whether or not based upon misappropriation of a trade secret." Id. § 688.008(2)....
...To determine whether allegations of trade-secret misappropriation preempt a plaintiff from sufficiently pleading a separate, but related tort, the Court must evaluate "whether allegations of trade secret misappropriation alone comprise the underlying wrong; if so, the cause of action is barred by § 688.008." Allegiance Healthcare Corp....
CopyCited 6 times | Published | District Court, S.D. Florida | 2012 WL 1825275, 2012 U.S. Dist. LEXIS 71149
...Florida’s UTSA “displaces tort law regarding trade secret misappropriation.” Del Monte Fresh Produce Co. v. Dole Food Co., Inc.,
136 F.Supp.2d 1271, 1291 (S.D.Fla.2001) (citing All Pro Sports Camp, Inc. v. Walt Disney Co.,
727 So.2d 363, 367 (Fla. 5th DCA 1999)); see also, FI. Stat. §
688.008 (2011) (Except as otherwise provided, Florida’s UTSA “displaced] conflicting tort, restitutory, and other law of this state providing civil remedies for misappropriation of a trade secret.”)....
CopyCited 6 times | Published | District Court, S.D. Florida | 2005 U.S. Dist. LEXIS 2617, 2005 WL 357326
...AlphaMed further alleges that Arriva's claims that it will produce an AAT-derived pharmaceutical will lead to consumer confusion. Arriva claims that the unfair competition count is preempted by Florida's Uniform Trade Secret Act (the "UTSA"), Fla. Stat. *1167 § 688.008, which bars civil claims based upon the misappropriation of trade secrets. Arriva does not otherwise challenge the sufficiency of Count VII. Section 688.008, Fla....
...After doing so, the court concluded that "the plain language clearly precludes common law claims based on a theory of misappropriation of trade secrets. Thus, the issue becomes whether allegations of trade secret misappropriation alone comprise the underlying wrong; if so, the cause of action is barred by § 688.008." Id....
CopyCited 5 times | Published | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 126983, 2015 WL 5474328
...18-22). Florida’s Uniform Trade Secrets Act (“FUTSA”), Fla. Stat. §§■688.001-009, clearly “displaced] conflicting tort, restitutory, and other law of this state providing civil remedies for misappropriation of a trade secret.” Fla. Stat. § 688.008 (1)....
CopyCited 3 times | Published | District Court, M.D. Florida
...im and are otherwise preempted by FUTSA. As to Defendants' preemption argument, FUTSA "displace[s] conflicting tort, restitutory, and other law[s] of [the state of Florida] providing civil remedies for misappropriation of a trade secret." Fla. Stat. § 688.008 (1). But it does not affect "[o]ther civil remedies that are not based upon misappropriation of a trade secret." Fla. Stat. § 688.008 (2)(b)....
CopyPublished | Florida 3rd District Court of Appeal
...Brickell Financial Centre, LLC, Brickell Holdings, LLC, Elm Spring Inc., Englian
Development LLC, Foram Management and Leasing, LLC, Marof Enterprises, Inc.,
Foram Development Bartram, LLC, Foram Development Group, LLC, and Foram
Group, Inc. of Georgia.
2
See § 688.008(2), Fla....
...formal hearing on the issues
raised in the pleadings.” Fla. Bar v. Greene,
926 So. 2d 1195, 2000 (Fla. 2006).
Florida’s trade secret law is governed by FUTSA, which creates a statutory
cause of action for trade secret misappropriation. §
688.008(1), Fla....
CopyPublished | Florida 4th District Court of Appeal
...(setting forth an
effective date of October 1, 1988).
Florida’s Uniform Trade Secrets Act (“FUTSA”) displaces “conflicting
tort, restitutory, and other law of this state providing civil remedies for
misappropriation of a trade secret.” § 688.008(1), Fla....
...(2017).
However, this preemption does not affect: “(a) Contractual remedies,
whether or not based upon misappropriation of a trade secret; (b) Other
civil remedies that are not based upon misappropriation of a trade secret;
or (c) Criminal remedies, whether or not based upon misappropriation of
a trade secret.” § 688.008(2), Fla....
