9 results for 'cat:"Employment" AND cat:"Contract" AND cat:"Injunction"'.
J. Fitzgerald finds that the trial court erred in issuing a preliminary injunction that bars the former employee from competing with his former company. The noncompetition provision is not valid since it is ambiguous and overly broad. Also, the former employer failed to prove the "existence of legally protectable trade secrets and proprietary information." Reversed.
Court: Louisiana Court Of Appeal, Judge: Fitzgerald, Filed On: April 3, 2024, Case #: CA-23-615, Categories: employment, contract, injunction
[Consolidated.] J. Park finds that the district court improperly modified a preliminary injunction in an ongoing dispute between designer and social influencer Hayley Paige Gutman and her former employer, dressmaker JLM Couture. The injunction awarded JLM sole control of disputed accounts on Instagram and Pinterest without weighing whether Gutman's ownership as creator was altered by her employment contract. On remand, the district court must determine whether the parties' noncompete agreement was too restrictive. Vacated in part.
Court: 2nd Circuit, Judge: Park, Filed On: January 17, 2024, Case #: 21-2535(L), Categories: employment, contract, injunction
J. Windhorst finds that the trial court properly denied the former employer an injunction over an alleged breach of a non-competition agreement. The record shows that the employee denied electronically signing the non-competition agreement, and that the onboarding documents he signed in person did not contain a non-competition agreement. Further, the record does not contain an autogenerated email containing a link for the eight required onboarding documents to the employee's email. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: December 20, 2023, Case #: 23-CA-133, Categories: employment, contract, injunction
J. Shah denies a maintenance product distributor’s motion for a preliminary injunction. The injunction would enforce a non-solicitation agreement against one of the distributor’s former employees, who after leaving the distributor to start a competitor, poached some of the distributor’s customers. The court finds that the distributor has not suffered harm necessitating an injunction, however, stating that the issue can be “adequately remedied through monetary damages.”
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: December 14, 2023, Case #: 1:23cv5314, NOS: Other Contract - Contract, Categories: employment, contract, injunction
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[Consolidated.] J. McFadden finds that the trial court improperly granted interlocutory injunctions in favor of the employer in a breach of contract action against the former employees alleging that they violated non-compete and other restrictive agreements. The Fulton County trial court was not the correct venue for issuing injunctive relief. Neither employee lives in Fulton County and the forum selection clause on which the employer relied is unenforceable. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: October 19, 2023, Case #: A23A0674, Categories: employment, contract, injunction
J. Bredar denies a health care management minority business enterprise its motions for an emergency restraining order and preliminary injunction against a care coordination provider. The provider contracted with the enterprise as part of a larger project with the state department of children’s health services. The provider refused to renew the subcontract with the enterprise due to alleged poor performance. The enterprise claims the provider is discriminating against it as a Black business. However, this motion is unlikely to succeed because the enterprise shows no actionable evidence of discrimination.
Court: USDC Maryland, Judge: Bredar, Filed On: August 10, 2023, Case #: 1:23cv1937, NOS: Other Civil Rights - Civil Rights, Categories: employment Discrimination, contract, injunction
J. Lipman grants the motion to dissolve a temporary restraining order in this lawsuit involving certain noncompete agreements. The plaintiff medical equipment company, which brought the suit against two former employees and their new employer, fails to show "the need for continued injunctive relief on a temporary basis." The evidence does not show that the term "customer," as used within the agreements, was meant to include hospitals or medical facilities.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: June 13, 2023, Case #: 2:23cv2344, NOS: Other Contract - Contract, Categories: employment, contract, injunction