Palmer & Cay of Georgia, Inc. v. Lockton Companies, Inc.
Supreme Court of Georgia
1DissentHines, Justice
Under clear Georgia precedent, the covenant regarding nonso-licitation of customers at issue in this case is overbroad, and therefore, unenforceable. Accordingly, I respectfully dissent.
Inasmuch as a restrictive covenant contained in an employment contract is in partial restraint of trade, it is to be upheld only if the restraint imposed is reasonable, founded on valuable consideration, reasonably necessary to protect the interest of the party in whose favor it is imposed, and does not unduly prejudice the interests of the public. W.R. Grace & Co. v. Mouyal, 262 Ga. 464, 465 (1) (422 SE2d…
2Cases cited6 opinions
- W. R. Grace & Co. v. MouyalSupreme Court of Georgia · 1992
- Fuller v. KolbSupreme Court of Georgia · 1977
- Wiley v. Royal Cup, Inc.Supreme Court of Georgia · 1988
- Marcoin, Inc. v. WaldronSupreme Court of Georgia · 1979
- Palmer & Cay of Georgia, Inc. v. Lockton Companies, Inc.Court of Appeals of Georgia · 2005
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