Dunn

MEMORANDUM **

We reverse, vacate the judgment and damages awards, and remand for a new trial all of Steinberg, Moorad & Dunn’s (SMD’s) claims against Athletes First and David Dunn (except its RICO and trade secret misappropriation claims) for the following reasons, which we explain more fully below: (1) SMD’s statutory unfair competition claim was erroneously submitted to the jury in violation of the Pretrial Conference Order; (2) erroneous evidentiary rulings relating to the formation of Dunn’s employment contract with SMD prejudiced the verdict; (3) the district court erred in not instructing the jury that the non-competition clause in Dunn’s employment agreement was invalid; and (4) the district court erred in failing to instruct the jury that Dunn’s assignment agreement with SMD was invalid.

We affirm: (1) the Fed. R. Civ. Proc. 12(b)(6) dismissal of RICO claims against Platinum Equity, Dunn, and Athletes First; (2) the grant of summary judgment in favor of Platinum Equity, Dunn, and Athletes First for trade secret misappropriation; (3) the district court’s disposition of all other claims against Platinum Equity.

I. Unfair Competition

The district court erred when it…