non-competition clause (Indiana) · Go Syfert
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non-competition clause in Indiana

6 Indiana opinions name it 2 courts 1983–2013 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 (3)

CaseFollowedCited
Licocci v. Cardinal Associates, Inc.green
ind · 1983 · cited in 2 Indiana opinions naming this issue, 2007–2013
2 sentences

2013In examining whether the Agreement is reasonable, we also note that “the validity of a non-competition clause is dependent not merely upon the covenant *13 itself but upon the entire contract and the situation to which it is related.” Licocci, 445 N.E.2d at 563 .

2007See Licocci v. Cardinal Assocs., Inc., 445 N.E.2d 556, 561 (Ind.1983).

12
Sedona Development Group, Inc. v. Merrillville Roadgreen
indctapp · 2004 · cited in 1 Indiana opinions naming this issue, 2005–2005
1 sentence

2005See id.

11
Smart Corp. v. Gridergreen
indctapp · 1995 · cited in 1 Indiana opinions naming this issue, 1997–1997
1 sentence

1997See Smart, 650 N.E.2d at 83 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
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 peneil 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 peneil 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
Hahn v. Drees, Perugini & Co. green
indctapp · 1991
1 sentence

1995The overbroad portion of the non-competition 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
Grand Union Tea Company v. Walker green
ind · 1935
2 sentences

1983Restriction number three does not represent the broad spatial limitation found oppressive in Frederick, supra. Restriction number three also is consistent with the spatial limitations approved by this Court in Grand Union Tea Co. v. Walker, (1935) 208 Ind. 245 , 195 N.E. 277 , and by the Court of Appeals in Welcome Wagon, Inc., supra. This Court and the Court of Appeals have held that the validity of a non-competition clause is dependent not merely upon the covenant itself but upon the entire contract and the situation to which it is related.

1983Restriction number three does not represent the broad spatial limitation found oppressive in Frederick, supra. Restriction number three also is consistent with the spatial limitations approved by this Court in Grand Union Tea Co. v. Walker, (1935) 208 Ind. 245 , 195 N.E. 277 , and by the Court of Appeals in Welcome Wagon, Inc., supra. This Court and the Court of Appeals have held that the validity of a non-competition clause is dependent not merely upon the covenant itself but upon the entire contract and the situation to which it is related.

11983–1983
Woodward Insurance, Inc. v. White green
ind · 1982
1 sentence

1983Woodward Insurance, Inc. v. White, (1982) Ind., 437 N.E.2d 59 , reh. denied; Donahue, supra; Struever, supra. No one disputes that Licocci’s sales territory was never changed during his employment with Cardinal.

11983–1983

Where else courts name it

LA 14 (1985–2023) PA 12 (1980–2025) MO 8 (1995–2013) OH 7 (1990–2025) IN 6 (1983–2013) SC 5 (1988–2022) TX 5 (1979–2020) ID 4 (1967–2019) VA 4 (1982–2008) GA 4 (1970–1998) NJ 3 (1977–2005) CO 3 (1971–1988) NC 2 (2014–2026) MD 2 (1973–2008) MS 2 (2000–2006) MA 2 (2001–2003) CT 2 (1993–2000) NY 2 (1997–2020) NM 2 (2002–2010)

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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