Intertek Testing Services NA, Inc. v. Dash

After hearing, as provided in Mass.R.Civ.P. 58(a)(2), this Court hereby approves the form of judgment issued today. In determining the form of judgment, this Court had to decide three questions, which the Court will address in turn.

1. Does the jury’s finding that Testing Holdings USA, Inc. (“Testing Holdings") breached the “cumulative earn-out provision” of its Employment Agreement with the defendant Glen Dash, as a matter of law, preclude the jury’s finding that Dash breached his Restrictive Covenant with Testing Holdings?

The jury, in answer to Question 27 of the verdict form, found that…