Davis v. Scott

Opinion of the Court by

Justice CUNNINGHAM.

Appellant, Tim Davis, is the founder and president of Tim Davis & Associates, Inc. (collectively, “Davis”), a third-party health care benefits administrator. In 2002, Davis negotiated to purchase PICA Group Services, Inc., also a third-party administrator. The parties executed a binding letter of intent and a supplemental “non-solicitation” agreement. The non-solicitation agreement prohibited Davis from communicating with or soliciting PICA customers for a period of fifteen months in the event that the purchase did not occur.

Indeed, Davis’s purchase…