Radiant Global Logistics, Inc. v. Furstenau, No. 19-1297 (6th Cir. 2020)
Annotate this CaseFurstenau managed Radiant’ Detroit office. When he joined a competitor, BTX, Radiant sued him for misappropriation of trade secrets. The district court entered a preliminary injunction, prohibiting Furstenau and other former Radiant employees who had joined BTX from using Radiant’s trade secrets and from contacting certain customers and carriers for a six-month period. The Sixth Circuit dismissed an appeal as moot because the six months have passed. BTX never objected to the injunction’s ongoing restriction on the use of Radiant’s trade secrets. The six-month noncompete restrictions expired and today requires nothing; a court has no way to grant relief as to that part of the order. A mootness exception for disputes “capable of repetition, yet evading review” does not apply. A live controversy remains as to the merits of Radiant’s claims, so BTX will still have the opportunity for its day in court—including an appeal —once the district court enters a final judgment. The court declined to vacate the district court’s order; BTX did not even request vacatur until after oral argument and “slept on its rights,” and a preliminary injunction has no preclusive effect—no formal effect at all—on the judge’s decision whether to issue a permanent injunction.
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