Legal Opinion · Concurrence

Booth v. Newport Television, LLC

Court of Civil Appeals of Alabama

Decided December 16, 2011No. 2100413Published

1ConcurrenceMoore, Judge

I conclude that Newport Television, LLC (“Newport”), failed to establish its right to enforce the noncompete agreement against Cyndi Booth. See Clark Substations, L.L.C. v. Ware, 838 So.2d 860 (Ala.2002) (requiring evidence of a valid assignment of a noncompete agreement before a successor corporation is entitled to enforce that agreement); and Russell v. Birmingham Oxygen Serv., Inc., 408 So.2d 90, 93 (Ala.1981) (“There must be an affirmative showing of an intent to assign. Strickland & Co. v. Lesesne & Ladd, 160 Ala. 213, 49 So. 233 (1909). ‘The owner must do or say something which would…

2Cases cited3 opinions

  1. Russell v. Birmingham Oxygen Service, Inc.Supreme Court of Alabama · 1981
  2. Strickland & Co. v. Lesesne & LaddSupreme Court of Alabama · 1909
  3. LeBlanc v. TrappeyLouisiana Court of Appeal · 2003

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