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Ajaxo Inc. v. E*Trade Financial Corp.
Court	California Courts of Appeal
Decided	August 30, 2010
Citation(s)	187 Cal. App. 4th 1295
Case history
Prior action(s)	Superior Court of Santa Clara County, No. CV793529, John F. Herlihy, Judge; Joseph Huber, Judge. Ajaxo Inc. v. E*Trade Group Inc., 135 Cal. App. 4th 21, 37 Cal. Rptr. 3d 221, 2005 Cal. App. LEXIS 1950 (Cal. App. 6th Dist., 2005)
Subsequent action(s)	Review denied by Ajaxo, Inc. v. E, 2010 Cal. LEXIS 11484 (Cal., Nov. 10, 2010)]
Court membership
Judge(s) sitting	Eugene M. Premo, Conrad L. Rushing, Wendy Clark Duffy

example stuff

Ashford v Thornton (1818) 106 ER 149 is an English law case in the Court of King's Bench that upheld the right of the defendant, on a private appeal from an acquittal for murder, to trial by battle. In 1817, Abraham Thornton was charged with the murder of Mary Ashford. Thornton had met Ashford at a dance, and had walked with her from the event. The next morning, Ashford was found drowned in a pit, with little outward signs of violence. Although public opinion was heavily against Thornton, the jury quickly acquitted him, and also found him not guilty of rape.

Mary's brother, William Ashford, launched an appeal, and Thornton was rearrested. Thornton claimed the right to trial by battle, a medieval usage that had never been repealed by Parliament. Ashford argued that the evidence against Thornton was overwhelming, and that he was thus ineligible to wage battle.

The court decided that the evidence against Thornton was not overwhelming, and that trial by battle was a permissible option under law; thus Thornton was granted trial by battle. Ashford declined the offer of battle and Thornton was freed from custody. Appeals such as Ashford's were abolished by statute the following year, and with them the right to trial by battle. Thornton emigrated to the United States, where he died around 1860.

Sources

2005

1. FindLaw summary for 2005
2. WestLaw link

2010

1. FindLaw summary for 2010
2. Justia pdf for 2010
3. WestLaw Link
4. Ajaxo Inc. v. E*Trade Financial Corp.
5. Google Scholar link to 2010 appeal

2005 appeal notes

Grant of defendants' motion for nonsuit on damages for defendants' misappropriation of plaintiff's trade secrets regarding certain technology designed by plaintiff is reversed where there was sufficient evidence of damages for misappropriation as to each defendant to survive a motion for nonsuit.

2010 appeal notes

In plaintiff's suit against E*Trade Financial Corporation (E*Trade) for misappropriation of trade secrets under the California Uniform Trade Secret Act, trial court's denial of plaintiff's request for award of reasonable royalties is reversed and remanded where: 1) given the jury's finding that E*Trade did not profit from its misappropriation of trade secrets, unjust enrichment is not "provable" within the meaning of section 3426.3; 2) since E*Trade had consistently and successfully taken the position that plaintiff's actual losses are not provable, E*Trade is estopped from arguing otherwise now; and 3) because neither actual loss nor unjust enrichment is provable, the trial court had discretion pursuant to section 3426.3(b) to order payment of a reasonable royalty.

See Also

Citations

Since DVS retained the technology and could have exploited it or licensed it to others, the total value of the technology is an inappropriate basis for measuring damages - in DIGITAL VIDEO SYSTEMS, INC. v. Sun, 2011

"A measure of damages may not be provable for lack of sufficient evidence. Or it may not be proved, as happened here, where the jury concludes that the defendant did not profit from its wrongdoing. Either way, it is not provable for purposes of [Civil Code] section 3426.3, subdivision (b - in SAN JOSE CONSTRUCTION CO., INC. v. Foust, 2010

The doctrine comes into play when `(1) the same party has taken two positions;(2) the positions were taken in judicial or quasi-judicial administrative proceedings;(3) the party was successful in asserting the first position;(4) the two positions are completely inconsistent; and (5) the first position was not taken as a result of ignorance, fraud, or mistake - in DIGITAL VIDEO SYSTEMS, INC. v. Sun, 2011