Is a non-compete clause enforceable in Delaware in 2026?

“I recommend that the Court deny Defendant’s request for an award of reasonable attorney’s fees under Paragraph 24 of the deed restrictions binding the parties’ properties.”

Covenant language at issue“Any parcel owners to whose benefit these Restrictions insure [sic] may proceed at law or in equity to prevent the occurrence, continuation, or violation of any of these Restrictions and the Court in any such action may award the successful party reasonable attorney’s fee. The remedies specified here…”

CourtListener #3217348

“On these bases, the Plaintiffs claims for breach of the non-solicitation clause in the Employment Agreements are not well pled and must be dismissed.”

Covenant language at issue“any customer, vendor, supplier or other business partner of [the Plaintiffs] or any of its Affiliates[.]”

View the source opinion ↗ CourtListener #11242058

“Neither the non-competition provision nor the non-solicitation of the RCA is enforceable.”

Covenant language at issue“During the term of Executive’s employment and for a period of twelve (12) months following the termination of Executive’s employment with the Employer, Executive shall not directly or indirectly, whether as owner, partner, investor, consultant, agent, employee, co-venturer or otherwise, engage in or…”

View the source opinion ↗ CourtListener #11225650

“The Motion, therefore, in large part, must be denied.”

Covenant language at issue“During the period commencing on [December 5, 2016] and ending on the second [] anniversary of the date that the Grantee ceases to be a Service Provider (the “Restricted Period”), [the Hamiltons] shall not . . . directly or indirectly, own any interest in, manage, control, participate in (whether as …”

View the source opinion ↗ CourtListener #4520333