Ferrero v. Associated Materials Inc.

For the reasons that follow, I respectfully dissent. I am convinced that Associated Materials failed to demonstrate a substantial likelihood of success on the merits. A review of the development of the law applicable to employee restrictive covenants in Georgia as well as a straightforward reading of the 1990 statutory amendments (“Amendments”) compels the conclusion that the courts of Georgia would refuse to enforce the Amendments under the circumstances in this case.

Those Georgia courts presented with the issue of the constitutionality of the Amendments are unanimous in their rejection of…