The court of appeals reversed the temporary injunction against Dr. Udom but affirmed the trial court ruling that the covenant not to compete was enforceable. ... As a consequence, the covenant not to compete was declared void. Although mo...
http://jada.ada.org/cgi/content/full/136/9/1309
a covenant not to compete was enforceable against a physician was “a case of first impression” ... court had never ruled before. THE COURT'S ANALYSIS ...
jada.ada.org/cgi/reprint/136/9/1309.pdf
First, mere at-will employment will not support an agreement not to compete. In fact, many lawyers contend that a covenant not to compete can never be enforceable against an at-will employee (and Texas courts have not yet provided a clear answer to this question).
library.findlaw.com/2001/Feb/26/130806.html
The Court of Appeals held that, to be enforceable, a covenant not to compete must be supported by valuable consideration. In an at ... it did not contend, the Court noted, that the $10 payment referenced in the agreement provided sufficient consideration. In fact, the evidence demonstrated that this payment was never made.
www.atlantabusinesslawyer.info/2009/05/blog-post.html
ing competition, because covenants not to compete will never be implied.62 .... enforceable covenant not to compete.l1 In contrast to the numer- ...
www.balch.com/files/Publication/36283c42-a141-491e-b79b... www.balch.com/files/Publication/36283c42-a141-491e-b79b-050cf66c81ef/Presentation/PublicationAttachment/0cbc32b5-9061-4e27-850c-115c7408c7ad/Enforceability%20of%20Covenants.pdf
[A] covenant not to compete is enforceable if it is ancillary to or part of an otherwise enforceable agreement at the time the agreement is made to the extent that it contains limitations as to time, geographical area, and scope of activity to be restrained that are reasonable and do not impose a greater restraint than...
www.ghjhlaw.com/Page.aspx?Abs_Doc_ID=8fba4a97-86a7-4e83... www.ghjhlaw.com/Page.aspx?Abs_Doc_ID=8fba4a97-86a7-4e83-9396-c39525364318
From 1916 to 1979 the West Virginia Supreme Court had never refused to enforce a covenant not to compete, despite language purporting to restrict their applicability significantly. Since 1979 the Court has not upheld a single covenant not to compete which it has considered.
theemploymentlawcenter.com/covenant.html theemploymentlawcenter.com/covenant.html
If the underlying purpose of a licensing statute is to raise revenues, then a contract with an unlicensed professional will normally be enforceable. ... A covenant not to compete will be upheld only if it is reasonable with respect to duration and geographical scope.
learn.southsuburbancollege.edu/pdeane/201ch129e.html
You can't use a compass to draw a circle without working from a fixed point in the center. ... The Defendant, Dickinson, had signed a covenant not to compete saying that he wouldn't work for a competitor within a 150 mile radius of the Asheboro Paper's "branch office" in Virginia.
www.ncbusinesslitigationreport.com/2009/03/articles/cov... www.ncbusinesslitigationreport.com/2009/03/articles/covenant-not-to-compete-ruled-unenforceable-by-middle-district-of-north-carolina/
His involvement dates back to 1999, when he represented an employee who was facing what Vaughn believed to be the negative effects of a covenant not to compete. 8 The case, Loewen Group Acquisition Corp.
www.oscn.net/applications/oscn/deliverdocument.asp?cite... www.oscn.net/applications/oscn/deliverdocument.asp?citeid=435253