Legal Opinion

Stonhard, Inc. v. Carolina Flooring Specialists, Inc.

Supreme Court of South Carolina

Decided October 10, 2005No. 26047PublishedCited by 9 opinions

1Opinion of the Court

Chief Justice TOAL:

Pursuant to Rule 228, SCACR, we accepted the following questions on certification from the United States District Court for the District of South Carolina:

I. May a non-compete agreement that contains a New Jersey choice-of-law provision but no geographical limitation be reformed (or “blue penciled”) in accordance with New Jersey law and then enforced in South Carolina?

II. May a non-compete agreement that is reformed (or “blue penciled”) under New Jersey law apply to support an award of damages for breaches occurring prior to the time the agreement is reformed?

III. Does…

2Cases cited6 opinions

  1. Karlin v. WeinbergSupreme Court of New Jersey · 1978
  2. Community Hospital Group, Inc. v. MoreSupreme Court of New Jersey · 2005
  3. Standard Register Co. v. KerriganSupreme Court of South Carolina · 1961
  4. Poole v. Incentives Unlimited, Inc.Supreme Court of South Carolina · 2001
  5. A.N. Deringer, Inc. v. John M. Strough and Fritz Companies, Inc.Court of Appeals for the Second Circuit · 1996

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

3Cited by9 opinions

  1. Nucor Corp. v. BellDistrict Court, D. South Carolina · 2007
  2. Yehuda Steiner v. American Friends of Lubavitch (Chaabad)District of Columbia Court of Appeals · 2018
  3. Poynter Investments, Inc. v. Century Builders of Piedmont, Inc.Supreme Court of South Carolina · 2010
  4. Akzo Nobel Coatings Inc. v. RogersNorth Carolina Business Court · 2011
  5. Fay v. Total Quality Logistics, LLCCourt of Appeals of South Carolina · 2017

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

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