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‘Prior knowledge’ clause bars legal malpractice action
A Superior Court judge ruled an attorney’s malpractice policy did not cover a claim due to prior knowledge and conflict of interest in a noncompete dispute.
NLRB’s chief attorney says noncompetes mostly unlawful
The National Labor Relations Board’s general counsel has issued a memorandum taking the position that — except in limited circumstances — the proffer, maintenance and enforcement of noncompete provisions in […]
Employment – Noncompete agreement
Where a plaintiff has moved for a preliminary injunction to prevent the defendant, a former employee, from working for a new employer, an evidentiary hearing will be necessary to determine […]
Employment – Noncompete agreement – Confidential information
Where a plaintiff employer has moved for a preliminary injunction to enforce an employment agreement containing non-competition, non-solicitation and confidentiality obligations, that motion should be allowed because the plaintiff has […]
Employment – Wage Act – Expenses – Noncompete agreement
Where a judge dismissed a Wage Act claim asserted by a plaintiff who alleged that she was fired in retaliation for complaining about the defendant employer's expense reimbursement system, the dismissal order was erroneously based on a determination that expenses do not constitute wages.
Civil practice – JNOV – Noncompete agreement
Where (1) a plaintiff brought suit against the defendant for breach of fiduciary duty and fraudulent concealment arising from the defendant's unilateral release of a former employee from a noncompetition agreement and (2) upon the defendant's motion for judgment notwithstanding the verdict, the judge found that the agreement was unenforceable and dismissed the complaint, the judge's ruling must be[...]
Contract – Forum selection clause – Noncompete agreement
Where an agreement between the parties contained a mandatory forum selection clause in which both parties consented to the exclusive jurisdiction of the courts located in the state of Delaware, the defendants' motion to dismiss must be allowed, without prejudice to the claims being refiled in Delaware.
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
