Trade Secret Mistrial Request Shot Down

In a case pending before Judge Saris, Atlantic Research Marketing Systems (ARMS) prevailed in a jury trial against former employee Troy for misappropriation of rifle trade secrets resulting in a verdict of $1.8M.  Troy moved for a mistrial on grounds that (a) the Court failed to determine whether an external piece of evidence prejudiced the jury, and (b) the Court gave a prejudicial instruction regarding breaking a deadlock in deliberations.  The motion was denied.

 

As to the first point, the parties did not seek a cautionary instruction or voir dire once existence of the external evidence was discovered, at which time it was promptly removed.  A subsequent voir dire of individual jurors regarding the evidence went unchallenged by the parties.

 

As to the second point, neither party objected to the substance of the charge at the time and the court found that the proper procedures were followed.

 

No mistrial.

 

http://pacer.mad.uscourts.gov/dc/cgi-bin/recentops.pl?filename=saris/pdf/atlanticresearch%20marketingmistrialmtn.pdf

 

Atlantic Research Marketing Systems, Inc. v. Troy and Troy Indus., Inc., 07-11576-PBS (Nov. 30, 2009)