Legal Opinion

Keener v. Convergys Corporation

Court of Appeals for the Eleventh Circuit

Decided August 21, 2003No. 18-14043PublishedCited by 31 opinions

1Opinion of the Court

BIRCH, Circuit Judge:

In this appeal, we apply the law as certified by the Supreme Court of Georgia and affirm the district court’s grant of summary judgment, which declared a non-competition agreement (“NCA”) between Convergys Corporation and James A. Keener unenforceable under Georgia law. However, we hold that the district court abused its discretion when it enjoined Con-vergys from seeking to enforce the NCA against Keener in any court in the world. We also reverse the portion of the judgment that dismissed Convergys’s counterclaims.

I. BACKGROUND

To reach the merits of Convergys’s appeal…

2Cases cited22 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Allstate Insurance v. HagueSupreme Court of the United States · 1981
  3. Raimonde v. Van VlerahOhio Supreme Court · 1975
  4. General Telephone Co. of Southeast v. TrimmSupreme Court of Georgia · 1984
  5. Newman v. AlabamaCourt of Appeals for the Eleventh Circuit · 1982

17 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Klay v. United Healthgroup, Inc.Court of Appeals for the Eleventh Circuit · 2004
  2. William S. Manuel v. Convergys CorporationCourt of Appeals for the Eleventh Circuit · 2005
  3. C.H. Robinson Worldwide, Inc. v. George Lobrano, Jr.Court of Appeals for the Eighth Circuit · 2012
  4. Douglas J. MacGinnitie v. Hobbs Group LLCCourt of Appeals for the Eleventh Circuit · 2005
  5. Palmer & Cay, Inc. v. Marsh & McLennan Companies, Inc.Court of Appeals for the Eleventh Circuit · 2005

26 more not listed; retrieve them via the Exa API.

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