Tuesday, November 20, 2018

TCPA motion untimely

Originally published by David Coale.

In Mancilla v. TaxFree Shopping Ltd.,”appellants argue[d] the TUTSA claim was substantially altered by (1) changing the scope of trade secrets allegedly misappropriated from client and customer lists and proprietary information and processes to “specific client contacts” developed while Mancilla was employed by TFS in a fiduciary position and (2) changing the alleged means of appropriation from theft to ‘connecting with contacts on social media through LinkedIn and breach of fiduciary duty.’” The Fifth Court, however, concluded that after “[h]aving reviewed the original and second amended petitions, we cannot agree these are substantive alterations that reformulated the TUTSA claim.” No. 05-18-00136-CV (Nov. 16, 2018) (mem. op.)

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