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Covenants Not To Compete Law
 
Deana Dowell, et al. v. Biosense Webster, Inc.

Plaintiffs and Appellants St. Jude Medical S.C., Inc. (SC) and Pacesetter, Inc. (Pacesetter) (collectively, St. Jude), along with employees Deana Dowell, Steven Chapman and Claudio Plaza, sued Defendant and Cross-appellant Biosense Webster, Inc. (Biosense) to enjoin it from enforcing noncompete and nonsolicitation clauses in employment agreements used in California, including agreements it had wit... More...   $0 (11-19-2009 - CA)

Southwest Stainless, L.P. and HD Supply, Inc. v. John R. Sappington, et al.

This diversity case requires us to address the contours of covenants not to compete under Oklahoma law. When John R. Sappington and William B. Emmer defected from one Tulsa-area metals business, Southwest Stainless, to another, Rolled Alloys, they took with them years of expertise in the metals industry and personal relationships with many area customers. Some years before, Southwest Stainless had... More...   $0 (09-25-2009 - OK)

Mihlfeld & Associates, Inc., et al. v. Bishop & Bishop, LLC, et al.

Mihlfeld & Associates, Inc. ("Mihlfeld") and Global Transportation Systems, Inc. ("GTSI") (collectively "Appellants") brought the underlying action, seeking to enforce restrictive covenants and non-competition provisions contained in written employment agreements against two former employees, William Bishop ("Bishop") and Michael Rootes ("Rootes"), and a competing company founded by Bishop and his... More...   $0 (08-10-2009 - MO)

Hidy Motors, Inc. v. Gary Sheaffer

{¶ 1} Defendants, Gary Sheaffer and Jason Sutton, appeal from orders denying their motions for summary judgment and granting partial summary judgment for Plaintiff, Hidy Motors, Inc. (“Hidy”), on Sheaffer and Sutton’s counterclaims arising from their former employment by Hidy.

{¶ 2} Hidy is an automobile dealership. Hidy hired Sheaffer to work as a car salesman in November of 2005. ... More...
   $0 (08-10-2009 - OH)

Bandera Drilling Co. and Rayburn L. Brazzel v. Sledge Drilling Corp.

This is a dispute over the enforceability of a covenant not to compete. The trial court reformed the covenant by reducing the covered territory, found that the reformed covenant was enforceable, and granted injunctive relief. We reverse and remand.

I. Background Facts

In 2005, David W. Sledge and Spencer Armour were... More...
   $0 (08-06-2009 - TX)

Griffin Macy v. Waste Management, Inc.

Appellant, Griffin Macy, appeals a final judgment ordering he take nothing from appellee, Waste Management, Inc. The judgment also orders Macy to pay $170,173.19 to Waste Management for repayment of attorney's fees and litigation expenses advanced to Macy. Macy's three issues contend the trial court erred by (1) determining as a matter of law that Waste Management complied with the terms of the em... More...   $0 (03-15-2009 - TX)

Payroll Advance, Inc. v. Barbara Yates

Payroll Advance, Inc. (“Appellant”) appeals from the judgment of the trial court entered in favor of Barbara Yates (“Respondent”) on Appellant’s petition for injunctive relief and breach of contract of an “Employment Agreement” (“the Employment Agreement”) which contains a covenant not to compete. After a bench trial, the trial court found the Employment Agreement and its noncomp... More...   $0 (11-17-2008 - MO)

Chad Poole and Terry Fendley v. U.S. Money Reserve, Inc. d/b/a United States Rare Coin and Bullion Reserve

Appellants, Chad Poole and Terry Fendley, filed this interlocutory appeal after the trial court issued a temporary injunction prohibiting them from subsequent employment in the gold coin industry for a period of three years. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(4) (Vernon 2008). We hold that, while the trial court did not abuse its discretion in granting a temporary injunction to pre... More...   $0 (10-31-2008 - TX)

Jimmy L. Wilson v. Phoenix Specialty Manufacturing Company, Inc.

Phoenix Specialty Manufacturing Company, Inc. (Phoenix) appeals the district court's determination, made after a bench trial, that the company terminated the employment of Jimmy Wilson because it regarded him as disabled by Parkinson's disease, in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.

We affirm this decision because there is no error in th... More...   $0 (01-24-2008 - SC)

Allan Block Corporation v. County Materials Corporation

In two contracts, one in 1993 and the other in 1997, Allan Block licensed County Materials to manufacture Allan Block's patented concrete blocks. The contracts forbade County Materials to manufacture competing concrete blocks (with certain exceptions) for as long as the contract was in effect and for 18 months after it was terminated. But when the licenses were terminated (both at the sa... More...   $0 (01-17-2008 - WI)

Guardian Fiberglass v. Whit Davis Lumber Co.

Guardian Fiberglass, Inc. and Guardian Fiberglass Service Corp. (collectively referred to as "Guardian") sued Whit Davis Lumber Company ("Whit Davis") to enforce a restrictive covenant. The district court1 granted Whit Davis's motion for summary judgment, finding that Guardian was unable to demonstrate a legitimate business interest to justify its restrictive covenant and that the covenan... More...   $0 (12-18-2007 - AR)

Mustang Security and Investigations, Inc. and Marilyn Wachel v. Alpha & Omega Services, Inc.

Mustang Security and Investigations, Inc. ("Mustang"), and Marilyn Wachel ("Wachel") Footnote appeal the trial court's grant of summary judgment on their counterclaims against Alpha & Omega Services, Inc. ("A&O"). We consider whether Mustang asserted a claim for affirmative relief and whether Wachel raised a genuine issue of material fact. Concluding that neither did, we affirm the tr... More...   $0 (11-25-2007 - TX)

BOBBY G. WOOD, JR. v. RESERVE FIRST PARTNERS, LTD. d/b/a FIRST FIDELITY RESERVE and 1st CAPITAL RESERVE, L.P.

Bobby G. Wood, Jr. appeals the trial court's order granting summary judgment regarding the enforceability of a covenant not to compete in favor of appellee Reserve First Partners, Ltd. d/b/a First Fidelity Reserve and 1st Capital Reserve (hereinafter "1st Capital"). We affirm.

Background

On May 20, 2003, 1st Capital and Wood executed a Confidential Services, Trade Secret, and Emplo... More...   $0 (08-06-2007 - TX)

Ed Vanegas, et al. v. American Energy Services, et al.

Ed Vanegas, Jimmy D. Halman, Sam Armstrong, Alex Carbajal, Roger Farrington, Curtis Huff, and Tito Betancur (appellants) brought this action against American Energy Services (AES) and its former shareholders, Niewoehner Partnership, L.P., RCH/HSJ/CCM/MCP I, L.P., Autry Stephens, John Carnett, Brack Blackwood, and Dennie Martin (appellees). Appellants were at-will employees of AES. Appellant... More...   $0 (05-14-2007 - TX)

Michael J. King v. PA Consulting Group, Inc.

Three cases are consolidated for purposes of this appeal, all arising from the acrimonious departure of Michael King from his former employer, PA Consulting Group, Inc. ("PA"). This dispute centers on a series of noncompete provisions contained in King's employment contract. A jury found against King on all but his invasion of privacy claim and for PA on its breach of loyalty counterclaim. King... More...   $0 (05-08-2007 - CO)

Intec USA, LLC v. Jonathan Engle, et al.

An arbitration between Intec USA and a group of corporations controlled by Raph Engle was settled in 2003. Engle had founded Intec in 1990 and sold a majority interest in 1997. Intec's new investors maintained in the arbitration that Engle's other ventures (IBEX Industries Ltd. and related firms) were violating covenants not to compete that Engle had given in order to induce them to buy ... More...   $0 (11-05-2006 - IL)

Healthcare Services of the Ozarks, Inc. d/b/a Oxford Healthcare v. Peal Walker Copeland and LuAnn Helms

This is a consolidated appeal from a judgment that denied Healthcare Services of the Ozarks, Inc., d/b/a Oxford Healthcare (Oxford) recovery of damages on breach of contract claims in separate actions brought against former employees Pearl Walker Copeland and LuAnn Helms. The judgment, however, granted Oxford injunctive relief to enforce covenants not to compete executed by Copeland and Helms. ... More...   $0 (08-10-2006 - MO)

James C. Clark, etc. v. Power Marketing Direct, Inc., et al.

James C. Clark and Ricky Pagnozzi, appellants, brought suit against Power Marketing Direct, Inc. (Power Marketing), appellee, alleging fraud in the inducement of a licensing agreement, fraud, and violation of the Texas Deceptive Trade Practices and Consumer Protection Act. Power Marketing moved to dismiss the suit, claiming that forum-selection clauses limited jurisdiction to Franklin County, O... More...   $0 (04-11-2006 - TX)

Krista Jackson v. Cintas Corporation and Randy Hatfield

This appeal by an employee who sued her former employer presents three issues. The first issue is a jurisdictional question of first impression in our circuit:

whether an order compelling arbitration and dismissing a complaint, but retaining jurisdiction over a motion for sanctions, is a final and appealable decision. Because the dismissal disposes of the entire case on the merits and th... More...   $0 (09-22-2005 - GA)

Healthcare Services of the Ozarks, Inc., d/b/a Oxford Healthcare v. Pearl Walker Copeland and Luann Helms

This is a consolidated appeal from a judgment that denied Healthcare Services of the Ozarks, Inc., d/b/a Oxford Healthcare (Oxford) recovery of damages on breach of contract claims in separate actions brought against Pearl Walker Copeland and LuAnn Helms (Count I in each of Oxford's petitions), but held that Oxford was entitled to injunctive relief to enforce covenants not to compete executed b... More...   $0 (07-28-2005 - MO)

Hess Newmark Owens Wolf, Inc. v. Dorris Owens and Owens Group, Inc.

In 1998 four veterans of the motion-picture promotion business - Mary Hess, Barry Newmark, Doris Owens, and Stuart Wolf - decided to pool their efforts. They formed Hess Newmark Owens Wolf, Inc., or HNOW, to provide advertising, public relations, and promotional services to studios. Each of the four held 22.5% of the stock (a fifth investor received 10%). Each had operated an independent... More...   $0 (07-13-2005 - IL)

COMPREHENSIVE PSYCHOLOGY SYSTEM, P.C. v. BRETT PRINCE, Ph.D

The issue on this appeal is the enforceability of a restrictive covenant in an employment contract for professional services by a licensed psychologist. Plaintiff Comprehensive Psychology Systems, P.C., a corporation which provides professional neuropsychological service to individuals under the trade name LifeSpan, appeals from an order of the Chancery Division which denied its application... More...   $0 (02-11-2005 - NJ)

Systematic Business Services, Inc., et al., Respondents, v. Sean Bratten

George Bratten appeals the judgment and permanent injunction that enforces the non-compete clause in an employment contract, which he signed on August 28, 2000, as a condition of his employment by Systematic Business Services, Inc. (SBSI). Both SBSI, wholly owned by LabOne, Inc., and LabOne sought and obtained injunctive relief that enjoined Mr. Bratten from engaging in the business of "attendi... More...   $0 (02-04-2005 - MO)

Zee Medical, Inc. v. Michelle Miller, et al.

Defendant, Michelle Miller, worked as a sales representative for Plaintiff, Zee Medical, Inc. ("Zee Medical") from 1995 until she was terminated in December 2003. A few weeks after her termination, Miller took a position as a sales representative with defendant, First Aid 2000 ("FA2000"). Zee Medical brought suit against Miller and FA2000, alleging violations of the terms of two covenants not t... More...   $0 (12-24-2004 - CO)

Erika Amey, Individually and D/B/A Erika's Emporium and Pam New v. Mirella and Senovio Barrera

Appellants, Erika Amey, individually and d/b/a Erika's Emporium ("Amey"), and Pam New ("New"), appeal from the trial court's judgment finding them jointly and severally liable for conspiracy, tortious interference with contractual relations, fraud, violation of the Texas Deceptive Practices–Consumer Protection Act ("DTPA"), and violation of a non-competition agreement.

The judgment granted a... More...   $0 (01-16-2004 - TX)

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