Legal Opinion
Howard v. Nitro-Lift Technologies, L.L.C.
Supreme Court of Oklahoma
Decided November 22, 2011No. 109,003PublishedCited by 10 opinions
1Opinion of the CourtWatt, J.
¶ 1 Three issues1 must be addressed to resolve this cause. They are whether: 1) the validity of the covenants not to compete should be resolved by the arbitrator or this Court; 2) the underlying covenant is void as *23against public policy pursuant to 15 0.S.2001 § 219A;2 and 3) if so, can it be modified judicially to conform with the controlling statutory provision.3
¶ 2 We determine that the existence of an arbitration agreement in an employment contract does not prohibit judicial review of the underlying agreement. Our determination is supported by our prior jurisprudential pronouncements in:…
2Cases cited78 opinions
- The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
- Michigan v. LongSupreme Court of the United States · 1983
- Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
- Southland Corp. v. KeatingSupreme Court of the United States · 1984
- Buckeye Check Cashing, Inc. v. CardegnaSupreme Court of the United States · 2006
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3Cited by10 opinions
- Nitro-Lift Technologies, L. L. C. v. HowardSupreme Court of the United States · 2012
- Sanchez v. Nitro-Lift Technologies, L.L.C.Court of Appeals for the Tenth Circuit · 2014
- Rent-A-Center, Inc. v. Iowa Civil Rights CommissionSupreme Court of Iowa · 2014
- Hawk Enterprises, Inc. v. Cash America International, Inc.Court of Civil Appeals of Oklahoma · 2012
- City of Owasso v. Fraternal Order of Police Lodge 149Court of Civil Appeals of Oklahoma · 2014
5 more not listed; retrieve them via the Exa API.