Obtained Appellate Decision Directing Federal Court to Reform Non-Compete Agreement to Allow for Enforcement

Client: An Industrial Trucking Company

We represented an industrial trucking company whose former regional sales manager quit, then competed against the company, violating his non-competition agreement. We sued the former manager and filed a motion to preliminarily enjoin him from violating the non-compete agreement during the lawsuit. The federal district court denied the preliminary injunction, finding the non-compete was too broad and unenforceable, but, despite our request, the court refused to reform the agreement to make it enforceable. R.J. filed an appeal with the 5th Circuit Court of Appeals, who agreed the federal district court should have reformed the agreement after finding it too broad and accordingly sent the case back to the district court for such proceedings.