In a lengthy published opinion, the United States Court of Appeals for the Tenth Circuit affirmed summary judgment in favor of RQN’s client, Utah State University Advanced Weather Systems Foundation (“AWSF”). RQN shareholder Beth Ranschau argued the appeal before the Tenth Circuit in a complex trade secret dispute involving novel questions of whether Utah State University’s research foundations were entitled to the protections of the Utah Governmental Immunity Act.
The plaintiff asserted 12 causes of action against 12 defendants, initially asserting $4 billion in damages, which was reduced to $150 million in damages after expert discovery. After a prior appeal to the Utah Supreme Court on a certified question, the federal district court granted summary judgment in favor of AWSF and the co-defendants, finding no evidence of causation damages and concluding that USU’s research institutions were entitled to the protections provided by the Utah Governmental Immunity Act. On appeal, the Tenth Circuit Court of Appeals affirmed summary judgment.
The opinion provides important Tenth Circuit precedent examining the distinction between speculation and evidence at summary judgment. Also, the opinion establishes that a state university’s research foundations are entities entitled to protection under the Utah Governmental Immunity Act.
Ms. Ranschau was assisted on the case by co-counsel Ryan Bell of Kunzler Bean & Adamson.