Legal Opinion

Davies v. Grossmont Union High School District

Court of Appeals for the Ninth Circuit

Decided April 8, 1991No. 91-55140PublishedCited by 7 opinions

1Opinion of the Court

REINHARDT, Circuit Judge:

This appeal challenges the enforceability of a contract provision restricting appellant’s right to run for public office. The provision is contained in a settlement agreement between appellant and the governmental entity involved. That agreement in turn formed the basis for a “dismissal and release and order thereon.” We hold that the public policy favoring enforcement of such a provision is outweighed by the public policy served by its non-enforcement. We therefore declare the provision void as contrary to public policy and reverse the district court’s contempt order…

2Cases cited28 opinions

  1. United States v. W. T. Grant Co.Supreme Court of the United States · 1953
  2. Anderson v. CelebrezzeSupreme Court of the United States · 1983
  3. County of Los Angeles v. DavisSupreme Court of the United States · 1979
  4. Bullock v. CarterSupreme Court of the United States · 1972
  5. D. H. Overmyer Co., Inc. of Ohio v. Frick Co.Supreme Court of the United States · 1972

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3Cited by7 opinions

  1. State v. NoahCourt of Appeals of Washington · 2000
  2. United States Ex Rel. Gebert v. Transport Administrative ServicesCourt of Appeals for the Eighth Circuit · 2001
  3. Coplin v. Conejo Valley Unified School DistrictDistrict Court, C.D. California · 1995
  4. United States Ex Rel. Radcliffe v. Purdue Pharma L.P.District Court, W.D. Virginia · 2008
  5. United States v. Transport Administrative ServicesCourt of Appeals for the Eighth Circuit · 2001

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

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