Full rulings
Narrowed (reformed)confidence: medium
“the trial court reformed the covenant “to limit the scope of restricted activity to employment performing downstream oil and gas work.””
Covenant language at issue“During the term of this Agreement and for a period of eighteen (18) months after the Employee’s termination of employment, for any reason, Employee agrees and covenants, as consideration for this Agreement, his employment and his compensation hereunder, that he shall not . . . engage or be intereste…”
View the source opinion ↗ CourtListener #4708296
Struck / unenforceableconfidence: medium
“we conclude that the scope of the covenant not to compete is overly broad as to the activities it seeks to restrain and therefore constitutes an unreasonable restraint of trade.”
Covenant language at issue“shall not engage in the insurance or related business, directly or indirectly, within Harris County and all the adjacent counties for the period of 5 years after this agreement is in default or void.”
View the source opinion ↗ CourtListener #6316058
Narrowed (reformed)confidence: medium
“the trial court adjusted the areas where Abel was excluded from competing to a 3-mile radius around the 5 stores that Abel sold to Ortega.”
Covenant language at issue“Abel agreed that, for a 15-year period, he would not own or operate a Hispanic-themed grocery store within 10 miles of the 5 stores he sold, any La Michoacana or El Ahorro operating at the time of the agreement, or any La Michoacana or El Ahorro operating at the time that Abel attempted to own or op…”
View the source opinion ↗ 562 S.W.3d 604
Struck / unenforceableconfidence: medium
“We affirm the entry of the temporary injunction, including its enforceability, except for the ten-mile radius restriction, for which we find no supporting evidence or legal justification.”
Covenant language at issue“Until January 24, 2020, directly or indirectly, performing any services of the same, similar, or greater nature to those performed by Gehrke during his employment at Merritt Hawkins for a competitor of Merritt Hawkins in the states of Colorado, Kansas, Nebraska, Oklahoma, and southern California, an…”
View the source opinion ↗ CourtListener #4501656
Unsettledconfidence: medium
“the lack of a time limitation in a covenant not to compete provision does not render it unenforceable as a matter of law.”
Covenant language at issue“[Sal] cannot open a food business in Lubbock County, Texas, without the written consent of [Vitela].”
View the source opinion ↗ CourtListener #9919384
Struck / unenforceableconfidence: medium
“The trial court determined that Madison was not entitled to relief and eventually filed findings of fact and conclusions of law in support of its decision.”
Covenant language at issue“Pro-Tech shall: (a) keep EJM’s Confidential Information in strict confidence: (b) protect it with the same degree of care as the Pro-Tech treats its own Confidential Information; (c) not, without the prior written consent of EJM, disclose or permit it to be disclosed to anyone other than the Pro-Tec…”
View the source opinion ↗ CourtListener #4458994
Unsettledconfidence: medium
“The trial court subsequently denied the temporary injunction and dissolved the TRO without stating the grounds therefor.”
Covenant language at issue“8.1. Covenant Not to Compete. Physician [Mattioli] agrees during
the Term of this Agreement and for eighteen (18) months after
termination of Physician’s employment with LPT [LasikPlus]
to not:
8.1.1. engage in any manner in the delivery of l…”
View the source opinion ↗ 418 S.W.3d 210
Narrowed (reformed)confidence: medium
“As a matter of law, they provide no bar to Berlioz’s proposed construction.”
Covenant language at issue“(2) This property shall be used for residence purposes only.”
CourtListener #11245
Unsettledconfidence: medium
“The court sustained the defendants' motions for summary judgment and denied the motion of plaintiff for a partial summary judgment.”
Covenant language at issue“And also as part of the consideration of this sale, it is agreed and understood that I, the said Jack Wilkie, will not go back in the service station business within three miles of 9507 Garland Road and a period for two years.”
CourtListener #5027482
Enforcedconfidence: medium
“The trial court's judgment granting a permanent injunction is affirmed.”
Covenant language at issue“No apartment house or duplex will be permitted in the addition”
CourtListener #5027785