Legal Opinion · Concurrence

Heyde Companies v. Dove Healthcare, LLC

Wisconsin Supreme Court

Decided December 27, 2002No. 01-0863-FTPublished

1Concurrence

SHIRLEY S. ABRAHAMSON, CHIEF JUSTICE

¶ 27. (concurring). I agree with the dissent that the no-hire provision in the contract at issue in the present case is not directly governed by Wis. Stat. § 103.465 (1999-2000).

¶ 28. The plain language of Wis. Stat. § 103.465 limits its scope to covenants "by an assistant, servant or agent not to compete with his or her employer or principal."1 The contract at issue was not made by an assistant, servant, or agent and the employer. Rather, it was between two employers, restricting one employer's ability to hire former employees of the other employer. By…

2Cases cited13 opinions

  1. Grams v. BossWisconsin Supreme Court · 1980
  2. Daanen & Janssen, Inc. v. Cedarapids, Inc.Wisconsin Supreme Court · 1998
  3. Reiman Associates, Inc. v. R/A Advertising, Inc.Court of Appeals of Wisconsin · 1981
  4. Prudential Insurance Co. of America v. CheekSupreme Court of the United States · 1922
  5. Gary Van Zeeland Talent, Inc. v. SandasWisconsin Supreme Court · 1978

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