124049P.pdf   02/11/2014  Loftness Specialized Farm  v.  Terry Twiestmeyer
   U.S. Court of Appeals Case No:  12-4049
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Gruender, Author, with Beam and Shepherd, Circuit Judges] 
   Civil Case - contract. The district court erred in construing the breach 
   of the non-compete provision of the non-disclosure agreement as a claim 
   for the tort of misappropriation of trade secrets and confidential 
   information. The district court, on remand, should consider whether the 
   non-compete clause was violated in the first instance. The claim regarding 
   the breach of the May 2008 Agreement fails because the oral extension is 
   unenforceable under the statute of frauds, the non-disclosure agreement 
   did not qualify as a writing to extend the terms of the May 2008 
   agreement, and there was no implied-in-fact contract created. Thus, the 
   grant of summary judgment on this claim is affirmed. The district court's 
   dismissal of the unjust enrichment claim is affirmed, as the remedy is 
   unavailable in light of the controlling contracts.