9th Circ. Judges Ask Ex-HP Worker For More No-Poach Proof

By Lauren Berg (October 7, 2021, 7:17 PM EDT) -- Two Ninth Circuit judges appeared skeptical Thursday about reviving a laid-off HP Inc. worker's proposed class action alleging HP cut a "no-poach" deal with a 3D-printing rival that diminished employees' wages, questioning during oral arguments whether the plaintiff plausibly alleged such an agreement existed.

During remote arguments, U.S. Circuit Judge Susan P. Graber asked an attorney for Bryant Fonseca to show what evidence the former HP worker has to plausibly allege there was an illegal no-poach agreement between the technology giant and 3D Systems Inc., a competitor that at one time hired away some HP employees at higher salaries.

"It just...

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