noncompetition clause (Indiana) · Go Syfert
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noncompetition clause in Indiana

6 Indiana opinions name it 1 courts 1985–2006 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Cohoon v. Financial Plans & Strategies, Inc.green
indctapp · 2001 · cited in 1 Indiana opinions naming this issue, 2002–2002
2 sentences

2002See Cohoon, 760 N.E.2d at 194 .

2002A. Nonconipetition Clause "In determining the reasonableness of the covenant not to compete, we examine whether the employer has asserted a legitimate interest that may be protected by a covenant." Id.

11
Burk v. Heritage Food Service Equipment, Inc.green
indctapp · 2000 · cited in 1 Indiana opinions naming this issue, 2002–2002
1 sentence

2002He relies on Burk v. Heritage Food Service Equipment, Inc., 737 N.E.2d 803, 812 (Ind.Ct.App.2000), in which we held that a noncompetition clause prohibiting a former employee from working for any other competitor, in any capacity, was unenforceable because it extended beyond the seope of the employer's legitimate interests.

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Distinguished, questioned or overruled (1)

CaseNegativeCited
Unger v. FFW CORP.green
indctapp · 2002 · cited in 2 Indiana opinions naming this issue, 2003–2006
2 sentences

2006But see Unger, 771 N.E.2d at 1245 (holding that the noncompetition clause, which restricted the employee, who was the president of a company offering annuity and brokerage services, from "participating in any 'business competitive with the business of [his former employer,]'" who provided financial services, was reasonably limited in the type of activity it prohibited because the employee "was therefore free to seek employment with any business that did not provide financial services").

2003We noted that the employee "was therefore free to seek employment with any business that did not provide financial services," and concluded that "the noncompetition clause was reasonably limited in the type of activity that it prohibited." Id.

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Also cited on this issue (6)

CaseCitedYears
Pathfinder Communications Corp. v. MacY green
indctapp · 2003
1 sentence

2006Because covenants not to compete are to be strictly construed against the employer, see Pathfinder, 795 N.E.2d at 1109 , we agree with MacGill that the covenant's provision-restricting her from owning, managing, or materially participating in any business substantially similar to Reid's Housekeeping-would prevent her from being employed in any capacity by any other cleaning business and is unreasonable because it extends beyond the scope of Reid's Housekeeping's good will interest of protecting its current customers and housekeepers.

12006–2006
Washel v. Bryant green
indctapp · 2002
1 sentence

2002The legal remedy here is not "as plain and complete and adequate-or, in other words, as practical and efficient to the ends of justice and its prompt administration-as the remedy in equity." Id. at 907 .

12002–2002
Welcome Wagon, Inc. v. Haschert green
indctapp · 1955
2 sentences

1995In Welcome Wagon v. Haschert (1955), 125 Ind. App. 503 , 127 N.E.2d 103 , the blue pencil doctrine was invoked to delete the overbroad term restricting the former employee from competing anywhere in the United States to enforce the remaining, reasonable restriction that the former employee refrain from competing in the city where she had been employed. 127 N.E.2d at 106 .

1995In Welcome Wagon v. Haschert (1955), 125 Ind. App. 503 , 127 N.E.2d 103 , the blue pencil doctrine was invoked to delete the overbroad term restricting the former employee from competing anywhere in the United States to enforce the remaining, reasonable restriction that the former employee refrain from competing in the city where she had been employed. 127 N.E.2d at 106 .

11995–1995
Ridgefield Park Transport v. Uhl green
insd · 1992
2 sentences

1995However, in Ridgefield Park Transport v. Uhl (S.D.Ind.1992), 803 F.Supp. 1467 , the court, applying Indiana law, held that where the language of the noncompetition clause was "a seamless web of conditions," blue peneil redaction was not possible because such an attempt would subject the parties to an agreement that lacked their mutual assent. 803 F.Supp. at 1470 .

1995However, in Ridgefield Park Transport v. Uhl (S.D.Ind.1992), 803 F.Supp. 1467 , the court, applying Indiana law, held that where the language of the noncompetition clause was "a seamless web of conditions," blue peneil redaction was not possible because such an attempt would subject the parties to an agreement that lacked their mutual assent. 803 F.Supp. at 1470 .

11995–1995
Hahn v. Drees, Perugini & Co. green
indctapp · 1991
1 sentence

1995The overbroad portion of the noncompetition clause was "surgically removed" by operation of the blue pencil process and the reasonable restrictions pertaining to the employer's present clients were held to be enforceable. 581 N.E.2d at 462 .

11995–1995
Donahue v. Permacel Tape Corp. green
ind · 1955
2 sentences

1985In Donahue v. Permacel Tape Corp. (1955), 234 Ind. 398 , 127 N.E.2d 235 , an employee entered into a contract with his employer, which included a noncompetition clause our supreme court ruled to be too broad geographically.

1985In Donahue v. Permacel Tape Corp. (1955), 234 Ind. 398 , 127 N.E.2d 235 , an employee entered into a contract with his employer, which included a noncompetition clause our supreme court ruled to be too broad geographically.

11985–1985

Where else courts name it

NY 15 (1981–2020) CA 13 (1998–2025) OH 12 (1985–2008) MI 11 (1978–2026) LA 10 (1974–2017) IL 9 (1980–2013) TX 7 (1978–2023) IN 6 (1985–2006) KS 5 (1977–2022) PA 5 (1989–2019) FL 5 (1988–2025) GA 5 (1997–2013) MA 5 (1982–1999) CO 4 (1966–2011) CT 4 (1999–2006) AL 4 (1988–2005) NJ 3 (1977–2007) AZ 3 (2010–2014) SC 3 (1985–1998) IA 2 (1989–2018) OR 2 (1973–1987) MD 2 (1989–1991) ID 2 (1985–2008) VA 2 (2005–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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