SPLATER v. THERMAL EASE HYDRONIC SYS., INC.

No. 87508.

169 Ohio App.3d 514 (2006)

2006-Ohio-5452

SPLATER et al., Appellants, v. THERMAL EASE HYDRONIC SYSTEMS, INC., et al., Defendants; Noveon, Inc., Appellee.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided October 19, 2006.


Attorney(s) appearing for the Case

Cohen Rosenthal & Kramer, L.L.P., Ellen M. Kramer, and Joshua R. Cohen; Tousley Brain Stephens, P.L.L.C., Christopher I. Brain, Beth E. Terrell, Toby J. Marshall, and Michael J. Estok; Christopher R. Casey, P.L.L.C., and Christopher R. Casey; Lieff, Cabraser, Heimann & Bernstein, Kristen E. Law, and Jonathan D. Selbin; and Law Office of William Willard and William T. Willard, for appellants.

Miller Nash L.L.P., Daniel A. Brown, and Christine M. Masse; Larkin Hoffman Daly & Lindgren, Ltd., Terrence E. Bishop, and Nicholas Lewandowski, for defendants.

Cecil Marlowe, for appellee.


MICHAEL J. CORRIGAN, Judge.

{¶ 1} The issue in this appeal is whether the court abused its discretion by denying plaintiff Durand Splater's motion to compel the production of certain trade secrets held by nonparty Noveon, Inc. Splater sought by subpoena Noveon's formulae for certain antioxidants used by manufacturers of polyethylene ("PEX") tubing. Noveon resisted the subpoena on the grounds that its formulae were trade secrets. In rejecting Splater...

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