Question
Limtech, Inc. sued Techie Co. for trade secret misappropriation in a federal court diversity suit. The state trade secret misappropriation statute at issue provides for
Limtech, Inc. sued Techie Co. for trade secret misappropriation in a federal court diversity suit. The state trade secret misappropriation statute at issue provides for statutory damages in the amount of "the actual loss caused by the misappropriation, and the unjust enrichment to the defendant in the amount that the misappropriation benefitted the defendant." The statute's purpose is to "preserve a single tort cause of action for misappropriation." Limtech's complaint alleged that Techie misappropriated its technology for self-driving cars and then marketed its own car using that technology. As a result, Limtech claimed damages in the form of lost profits, as well as unjust enrichment in the form of Techie's profits earned at Limtech's expense. Historically, claims for unjust enrichment were tried in courts of equity, while tort claims were tried in courts of law. Limtech's complaint contained a timely Rule 38 jury demand, which Techie filed a timely motion to strike.
How should the court rule on Techie's motion to strike?
(A)
The court should deny the motion, because Limtech's lost profits claim requests a remedy at law and its facts overlap with the unjust enrichment claim.
(B)
The court should deny the motion, because a request for money damages in a suit entitles a plaintiff to a jury on all claims.
(C)
The court should grant the motion, because unjust enrichment is an equitable claim and juries cannot hear any part of a case that involves equitable claims.
(D)
The court should grant the motion, because juries are not equipped to calculate profits by virtue of unjust enrichment.
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