Archive - March 17, 2005

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Federal Court Declines to Exercise Supplemental Jurisdiction Over State Law Claims Stemming From Execution of State Court’s Preservation Order

Federal Court Declines to Exercise Supplemental Jurisdiction Over State Law Claims Stemming From Execution of State Court’s Preservation Order

Harrison v. Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P., 2005 WL 517342 (E.D. La. Feb. 24, 2005)

In this case, a company (NovelAire) filed a complaint against its former employees (Harrison and Bucklin) for breach of agreement and breach of fiduciary duties, intentional interference with a contract, and violations of Lousiana’s unfair trade practices act. The same day it filed its complaint, NovelAire applied ex parte for the issuance of a pre-trial discovery order, entitled “Order for Expedited Discovery to Preserve Evidence.” The request was based, in part, on an email written by Bucklin that allegedly evidenced the employees’ intent to destroy discoverable evidence pertinent to NovelAire’s state court case. Read More

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