DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
141514P.pdf 06/26/2015 The Stonebridge Collection v. Keith Carmichael
U.S. Court of Appeals Case No: 14-1514
and No: 14-1601
U.S. District Court for the Western District of Arkansas - Hot Springs
[PUBLISHED] [Riley, Author, with Loken and Smith, Circuit Judges]
Civil case - Fraud. Following Arkansas law, the district court did not err
in determining defendants converted copies of certain customer files
created by plaintiff; the district court did not clearly err in awarding
damages based on defendants; unjust enrichment; since defendant Cutting
Edge had unlimited access to the files plaintiff created for Cutting
Edge's customers, the district court did not err in finding for Cutting
Edge on plaintiff's claim that Cutting Edge had wrongfully converted the
files; the district court did not err in finding plaintiff failed to
establish the existence of a business expectancy under Arkansas law; the
district court did not err in finding Cutting Edge fraudulently induced
plaintiff to send sample knives while intending to use defendant
TaylorMade as its engraver for any orders TaylorMade's customers made
after seeing the samples; Arkansas's Deceptive Trade Practices Act does
not apply to claims regarding business between a manufacturer and a
distributor when consumers are not deceived or defrauded; plaintiff failed
to prove its RICO claim; attorneys' fees award affirmed; remanded to
permit the district court to correct a math error in the calculation of
plaintiff's damages on the claim for unjust enrichment.