Practice Area: Litigation
Outcome: Case dismissed at end of plaintiff's case in chief
Description: Plaintiff company sought $1.2 Billion in damages from defendants following Cisco's acquisition of a start-up, NuSpeed Systems, Inc. Plaintiff asserted claims for breach of contract, breach of fiduciary duty, usurpation of corporate opportunity, misappropriation of trade secrets, and various other theories. The case was tried to Judge Peterson in May 2006. After the presentation of the plaintiff's case-in-chief, which lasted 8 weeks, we moved for dismissal of the lawsuit. Judge Peterson granted our motion, dismissing the lawsuit in its entirety and later awarding defendants approximately $650,000 in costs. These decisions were appealed by plaintiff and were affirmed by the Minnesota Court of Appeals. Plaintiff then sought discretionary review by the Minnesota Supreme Court, which rejected plaintiff's request.