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14 Jan 2013, 6:50 am by David Clark
After amendments to their complaint, the case was removed to the United States Central District of California, which on June 13, 2012 granted summary judgment to those plaintiffs, holding the covenants to be unenforceable under California law and public policy. [read post]
2 Feb 2009, 9:26 am
"  Following two hearings involving testimony and letters from a number of witnesses (in full disclosure, I participated in providing testimony), the Committee concluded that "[t]he time has come for a change in Georgia law, both to bring our state in line with the overwhelming majority of other states as well as to establish a rule of reasonableness in the analysis of restrictive covenants. [read post]
16 Sep 2019, 3:15 am
Contents include:The M/V “Norstar” Case (Panama v. [read post]
26 Jul 2013, 12:24 pm
The plaintiffs asserted causes of action for breach of contract and breach of the implied covenant of good faith and fair dealing (“GFFD covenant”), and many individual causes asserted common law breach of contract claims and state law consumer protection claims. [read post]
31 Mar 2014, 9:00 am by P. Andrew Torrez
Today, we’re doing something a little different, taking our cue from a recent New York state appellate decision:  Brown & Brown, Inc. v. [read post]
9 May 2015, 1:55 am by Sme
App., May 7, 2015) (federal and state claims arising originally from a dispute over a covenant not to compete, ultimately reduced to claims or intentional interference with economic relations, breach of contract, and attorney's fees)DiscriminationHare v. [read post]
22 Jan 2015, 1:18 pm by Peter S. Lubin and Vincent L. DiTommaso
A prime example of the necessity of a legitimate business interest to sustain a restrictive covenant can be seen in Gastroenterology Consultants of North Shore, S.C. v. [read post]
16 Aug 2013, 3:53 pm by Mark K. Payne
The Hiwan restrictive covenants contained provisions that allowed for enforcement of the restrictive covenants, and that permitted the association to perform certain services for the benefit of properties in the community; specifically, the association hired the Colorado State Forest Service to conduct annual surveys to identify trees that should be removed from owners’ properties. [read post]