221399P.pdf   02/07/2023  Ahern Rentals, Inc.  v.  EquipmentShare.com, Inc.
   U.S. Court of Appeals Case No:  22-1399
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Shepherd, Author, with Colloton and Grasz, Circuit Judges] 
   Civil case - Civil conspiracy. Plaintiff brought this civil action against 
   a competing equipment rental company, claiming that defendant - a 
   competing equipment rental company - had been hiring away its employees 
   and convincing those employees to bring its trade secrets with them. 
   Plaintiff also named a managed cooperative platform, alleging it conspired 
   with the competing rental company in the misconduct and was unjustly 
   enriched by it. Held: Allegations pled on information and belief are not 
   categorically insufficient to state a claim for relief where proof 
   supporting the allegation is within defendant's sole possession and 
   control and the belief is based on sufficient factual material to make 
   inference of culpability plausible; the district court erred by dismissing 
   the claims against the managed cooperative platform primarily because they 
   were based "upon information and belief," a plaintiff pleaded sufficient 
   facts to state a plausible trade secret misappropriation claim and claims 
   under Missouri state law. Dismissal of plaintiff's claims against the 
   rental equipment company based on a claim-splitting analysis is vacated, 
   and the matter is remanded.