Aerotek, Inc. v. Burton
Court of Civil Appeals of Alabama
1Opinion of the Court
Aerotek, Inc., sued Michael Burton, its former employee, in the Circuit Court of Montgomery County, seeking to recover liquidated damages for breach of a covenant not to compete. After an ore tenus proceeding, the trial court entered a judgment in favor of Burton. Aerotek appeals. We reverse and remand with instructions.
Aerotek is known as a "technical service firm" (a "TSF") — a firm that acts as a middleman to provide highly skilled, technically trained workers to its clients on a contract basis. The technical-service industry is a variation of the traditional employment-services industry.
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2Cases cited8 opinions
- TRANSAMERICA COM. FIN. v. AmSouth BankSupreme Court of Alabama · 1992
- James S. Kemper & Co. v. Cox & AssociatesSupreme Court of Alabama · 1983
- Cullman Broadcasting Co. v. BosleySupreme Court of Alabama · 1979
- DeVoe v. CheathamSupreme Court of Alabama · 1982
- Clark v. Liberty Nat. Life Ins. Co.Supreme Court of Alabama · 1992
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3Cited by4 opinions
- Lazer Spot, Inc. v. Hiring Partners, Inc., Texas Court of Appeals, 6th District (Texarkana)2012
- Prithvi Catalytic, Inc. v. Microsoft Corp. (In re Prithvi Catalytic, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 2017
- Aerotek, Inc. v. BurtonCourt of Civil Appeals of Alabama · 2001
- Neurodiagnostic Tex, L.L.C. v. Robert "Josh" Pierce and Synergy IOM, LLC, Texas Court of Appeals, 12th District (Tyler)2015