JULIAN HINSON, D/B/A TRIVIA TIME V. THOM O’ROURKE - Articles

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Posted by: Chandra Williams on Aug 26, 2015

Court: TN Court of Appeals

Attorneys 1:

James G. King, Nashville, Tennessee, for the appellant, Julian Hinson d/b/a Trivia Time.

Attorneys 2:

Christopher W. Cardwell and Matthew B. Haskell, Nashville, Tennessee, for the appellee, Thom O’Rourke.

Judge(s): CLEMENT

laintiff, a sole proprietor of an entertainment business featuring trivia and bingo games, filed this action to enforce an Independent Contractor Agreement, a Noncompetition Agreement, and a Contractor Confidentiality Agreement and for violation of the Tennessee Uniform Trade Secrets Act. The defendant asserted that the covenant not to compete was unenforceable and that none of the information provided to him by Plaintiff constituted trade secrets or confidential information. The trial court dismissed all claims finding the covenant not to compete was unenforceable and that none of the information qualified as a trade secret. Following the dismissal of the claims, the defendant filed a motion for attorney’s fees pursuant to the Trade Secrets Act. The trial court denied the motion finding that the claim under the Trade Secrets Act was not brought in bad faith. Both parties appeal. We affirm the trial court in all respects.

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