Product Action International, Inc. v. Mero

ENTRY ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT

HAMILTON, District Judge.

This diversity action presents a question concerning the extent to which Indiana law allows courts to “blue pencil” or revise a former employee’s covenant not to compete with a former employer. The principal question is whether an employer can avoid the limits of the Indiana “blue pencil” doctrine by including in the agreement language to the effect that a court should enforce the agreement “to the extent permitted by law.” This court predicts that the answer under Indiana law is no.

Plaintiff Product Action International,…