No. 20070451.

199 P.3d 929 (2008)

2008 UT 81

TRUGREEN COMPANIES, L.L.C., a Delaware limited liability company, and Trugreen Limited Partnership, a Delaware limited partnership, Plaintiffs and Petitioners, v. MOWER BROTHERS, INC., a Utah corporation; Kevin D. Bitton dba Scotts Lawn Service, a Utah entity; Greenside, L.L.C., a Utah limited liability company; Kevin D. Bitton, an individual; Jean Robert Babilis, an individual; Ryan Mantz, an individual; Lary Gaythwaite, an individual; Jim LeBlanc, an individual; David Stephensen, an individual; Jason Hiller, an individual; Matt Walker, an individual; James Clogston, an individual; Rick Deersfield, an individual; David Van Acker, an individual; Shannon Christensen, an individual; Paul Brower, an individual; James Murray, an individual; Richard Coffman, an individual; Tammy Roehr, an individual; Jessica Spencer, an individual; Margie Smith, an individual; Alfreda Egbert, an individual; Jason Beck, an individual; and Isaiah Plumley, an individual; Defendants and Respondents.

Supreme Court of Utah.

November 25, 2008.

Attorney(s) appearing for the Case

Brian C. Johnson, Jacob C. Briem, William B. Ingram, Salt Lake City, for petitioners.

Richard M. Hymas, J. Mark Gibb, Erik A. Olson, Jason R. Hull, Salt Lake City, for respondents.

NEHRING, Justice:


¶1 We consented to answer two questions that were certified to us by the United States District Court for the District of Utah. These questions are as follows:

1. Whether under Utah law a former employer is entitled to an award of lost profits damages, or instead an award of restitution or unjust enrichment damages, where a former employee has breached contractual non-competition, non-disclosure, and employee...

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