Steven Jedlinski is a Partner in our
Chicago office.
Recently, the Eighth Circuit Court of Appeals considered the
three-year statute of limitations provisions of the Defend Trade
Secret Act (DTSA) and Iowa Trade Secrets Act (UTSA). In the
underlying district court action, CMI Roadbuilding, Inc. brought a
number of claims against Iowa Parts, Inc., related to a trade
secret dispute over engineering drawings and parts for fabrication
machinery in the asphalt industry. The district court disposed the
entire case on summary judgment finding that the CMI's claims
were timed barred.
On appeal, CMI argued that that the ruling was contrary to the
discovery rule — which tolls the statute of limitations until
the date that harm is or reasonably should have been discovered.
The discovery rule is written into both the DTSA and UTSA 18 U.S.C.
§ 1836(d); Iowa Code § 550.8. The appellate court
rejected the argument and confirmed that the statute of limitations
clock for CMI's
