Full rulings
Struck / unenforceableconfidence: medium
“Under all the facts and circumstances of this case, it is unreasonable as a matter of law for NYOH to be permitted to enforce the 1996 restrictive covenant as to Goodman.”
Covenant language at issue“It sought to preclude Goodman from practicing within 10 miles of any facility managed by PRN in New York, and it is not clear how many facilities or what geographical area this would necessarily encompass. The restriction was for two years and provided that a breach would give rise to damages in an …”
View the source opinion ↗ 101 A.D.3d 1524
Struck / unenforceableconfidence: medium
“As a result, the Agreement must be rejected on this basis.”
Covenant language at issue“the Settling Parties further agree that neither Plaintiff nor Defendant’s Board of Directors or Chief Operating Officer, now or in future, will make . . . disparaging statements intended to injure the personal and/or business reputation of Plaintiff or Defendant respectively. For purposes of this P…”
CourtListener #10312786
Unsettledconfidence: medium
“NAPA has failed to meet its burden on the record presently before the Court.”
Covenant language at issue“Employee Inducement. During the Term of this Agreement and for two (2) years from the date of termination of this Agreement, either Party will not directly or indirectly, whether as an individual, advisor, employee, agent, or otherwise take any action to induce any employee to cease his or her emplo…”
CourtListener #10316426
Struck / unenforceableconfidence: medium
“Magistrate Judge Tiscione rejected that argument, recommending against the grant of a preliminary injunction.”
Covenant language at issue“During the Term of this Lease, Landlord shall not buy, sell, lease, license or otherwise make available any land or building either now controlled by Landlord or which becomes subject to Landlord’s control after the Effective Date of this Lease within ten (10) miles of the Premises . . . to any pers…”
CourtListener #10311059
Enforcedconfidence: medium
“For the reasons set forth below, the Court finds that these terms are acceptable.”
Covenant language at issue“In consideration of the Defendants’ undertakings contained in this Agreement, Plaintiff agrees that he shall refrain from: (1) all conduct, verbal or otherwise, which would materially damage the reputation, goodwill, or standing in the communities of the Releasees, and (2) referring to or in any way…”
2018 WL 1767866
Enforcedconfidence: medium
“Once again, Petroleum has failed to demonstrate grounds supporting its request for vacatur.”
Covenant language at issue“The provisions of this clause are intended solely to preserve and fairly reflect the value of the transferred industrial secrets or goodwill in order to allow Purchase to fairly and successfully expand and enhance ITS’ business in Columbia. If the provisions of this [Section] are deemed too broad fo…”
989 F.2d 108
Struck / unenforceableconfidence: medium
“This Court rejects the proposed agreement’s confidentiality provision.”
Covenant language at issue“Plaintiff's family members ... Plaintiffs financial and legal advisors ... or any persons as required by compulsory legal process.”
2017 WL 2169234
Struck / unenforceableconfidence: medium
“Accordingly, the Settlement is REJECTED.”
Covenant language at issue“acknowledges and agrees that she shall refrain from communicating with or otherwise contacting (via mail, telephone, email, voicemail, or other means) any of the Releasees”
2020 WL 5894603
Struck / unenforceableconfidence: medium
“The Court will not approve an agreement with such a provision.”
Covenant language at issue“apply[ing] for employment . . . with Defendants, whether as an employee or independent contractor”
2016 WL 206474
Struck / unenforceableconfidence: medium
“Accordingly, the term is not fair and reasonable.”
Covenant language at issue“the parties refrain from disparaging each other in any manner that would tend to cast each other “in a negative light with regard to [another party’s] personal or professional reputation, character, or integrity.””
2017 WL 5953171
Unsettledconfidence: medium
“the motion for a preliminary injunction is denied”
Covenant language at issue“To the extent enforceable under Federal and State Laws, employee agrees that during the term of this Agreement and for a period of twelve (12) months thereafter, Employee shall not compete with Employer by soliciting, accepting employment as an employee, contractor, consultant, or independent contra…”
607 F.3d 68
Struck / unenforceableconfidence: medium
“the Court is therefore compelled to grant Gessel’s motion to the extent that Ipsos’s claim is premised on Gessel’s alleged violation of his non-compete agreement.”
Covenant language at issue“[Y]ou agree . . . that during your employment with [Ipsos], and for a period of twelve (12) months after the date of termination of your employment for any reason (the “Non-Compete Period”), you will not directly or indirectly work for or with, own, invest in, render any services or provide advice t…”
622 F.3d 104