7 results for 'judge:"Hardwick"'.
J. Hardwick finds that the lower court properly found for the defendant grout-maker on antitrust claims alleging that its noncompete agreement with its former president violated the law. In the noncompete agreement, the former president agreed to a 10-year non-competition period because he was caught violating a previous one-year agreement within three months. The extended term was reasonable as part of a settlement agreement to avoid litigation over the president's breach of the first noncompete agreement. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardwick, Filed On: April 23, 2024, Case #: WD86444, Categories: Antitrust, Business Practices
J. Hardwick finds that the lower court properly issued the employer an injunction enforcing a noncompete clause in a doctor's employment agreement preventing him from practicing radiology within a 25-mile radius for two years after leaving the practice. The practice has a legitimate protectable interest in its patient and referral base, even if radiologists rarely have contact with patients, because it relies heavily on the relationships its radiologists have cultivated with referring physicians. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardwick, Filed On: April 9, 2024, Case #: WD86589, Categories: Employment, Contract
J. Hardwick finds that the lower court improperly granted the sex offender's request to be removed from the sex offender registry. The sex offender failed to name the Missouri State Highway Patrol as a party to this action, depriving the agency of its right to present evidence in opposition to his request for removal. Vacated.
Court: Missouri Court Of Appeals, Judge: Hardwick, Filed On: April 2, 2024, Case #: WD86537, Categories: Criminal Procedure, Sex Offender
J. Hardwick finds that the lower court improperly awarded the child's maternal grandmother visitation with the parents' child. While the record establishes that the grandmother and child have a close relationship and her participation in the child's life is beneficial, that does not by itself rise to the level of a special circumstance such that the child's welfare requires granting her third-party visitation rights. Reversed.
Court: Missouri Court Of Appeals, Judge: Hardwick, Filed On: November 21, 2023, Case #: WD86003, Categories: Family Law
J. Hardwick finds that the lower court properly denied the developer's petition for detachment from the county water district. The developer sought a lower tap fee for the delivery of water service to a new residential development, but it lacks standing to contest the contract between the district and the city. The developer has not shown the water district lacks the means to provide adequate water service or that its fees are out of the ordinary. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardwick, Filed On: November 14, 2023, Case #: WD85866, Categories: Water, Contract
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[Consolidated.] J. Hardwick finds that the commission properly approved the securitization of costs in an amount less than the utility requested. The commission's calculation of the amount of energy transition costs for a retired plant is supported by the evidence, and did not err by reducing the amount of power purchase costs in connection with a winter storm that the utility could recover through securitization. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardwick, Filed On: August 1, 2023, Case #: WD85800, Categories: Energy, Securities, Agency