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First Ascent Ventures Inc. v. DLC Dermacare LLC

Citation: 312 F. App'x 60Docket: No. 07-16302

Court: Court of Appeals for the Ninth Circuit; February 10, 2009; Federal Appellate Court

Narrative Opinion Summary

In this case, DLC Dermacare, LLC sought to enforce non-competition clauses against First Ascent Ventures, Inc. and First Ascent Ventures Lone Tree, Inc. The district court denied Dermacare's request for permanent injunctive relief, citing the doctrine of unclean hands due to Dermacare's inequitable conduct. Dermacare's actions, including coercing franchise agreement amendments and threatening financial harm, were deemed directly related to its claims, thus justifying the application of the doctrine. Upon review, the appeals court examined the district court's decision for abuse of discretion and considered legal conclusions de novo. The appellate court affirmed the lower court's findings, emphasizing the necessity for a plaintiff's conduct to be directly connected to the claim for the unclean hands doctrine to apply. The court's ruling was not designated for publication and does not set a precedent, except as permitted by 9th Cir. R. 36-3.

Legal Issues Addressed

Connection of Inequitable Conduct to Claim

Application: The court found that Dermacare's actions, such as coercing contract amendments and cutting off marketing support, were directly related to its claim, justifying the application of the unclean hands doctrine.

Reasoning: The findings indicated that Dermacare attempted to coerce First Ascent's owners into signing restrictive amendments to franchise agreements, threatened them financially, and cut off marketing support to undermine their business.

Doctrine of Unclean Hands

Application: The court applied the doctrine of unclean hands to bar DLC Dermacare, LLC from obtaining relief due to its inequitable conduct directly connected to its claims against First Ascent Ventures.

Reasoning: The court upheld the district court's finding of unclean hands, explaining that this doctrine bars relief to parties engaged in inequitable conduct related to their claims.

Permanent Injunctive Relief

Application: The decision to deny permanent injunctive relief was reviewed under the abuse of discretion standard, with the court affirming the lower court's application of this standard due to Dermacare's inequitable conduct.

Reasoning: The court's decision to deny permanent injunctive relief was reviewed for abuse of discretion, while legal conclusions were evaluated de novo.