Legal Opinion
Brown & Brown v. Theresa A. Johnson
New York Court of Appeals
Decided June 11, 2015No. 92PublishedCited by 43 opinions
1Opinion of the Court
OPINION OF THE COURT
Stein, J.
On this appeal, we hold that applying Florida law on restrictive covenants related to the non-solicitation of customers by a former employee would violate the public policy of this state. Therefore, the choice-of-law provision in the parties’ employment agreement purporting to apply Florida law is unenforceable as to the non-solicitation provision of that agreement. Applying New York law, we also conclude that factual issues exist which prevent us from determining whether partial enforcement of the agreement’s non-solicitation provision is appropriate. Hence, we…
2Cases cited12 opinions
- Cooney v. Osgood Machinery, Inc.New York Court of Appeals · 1993
- Reed, Roberts Associates, Inc. v. StraumanNew York Court of Appeals · 1976
- BDO Seidman v. HirshbergNew York Court of Appeals · 1999
- Purchasing Associates, Inc. v. WeitzNew York Court of Appeals · 1963
- Karpinski v. IngrasciNew York Court of Appeals · 1971
7 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- United States v. MoseleyCourt of Appeals for the Second Circuit · 2020
- Mindspirit, LLC v. Evalueserve Ltd.District Court, S.D. Illinois · 2018
- Buchanan Capital Markets, LLC v. DeLuccaAppellate Division of the Supreme Court of the State of New York · 2016
- Van Wie Chevrolet, Inc. v. General Motors, LLCAppellate Division of the Supreme Court of the State of New York · 2016
- Davis v. Marshall & Sterling, Inc.Appellate Division of the Supreme Court of the State of New York · 2023
38 more not listed; retrieve them via the Exa API.