Legal Opinion

EMS USA, INC. v. Shary

Texas Court of Appeals, 14th District (Houston)

Decided March 4, 2010No. 14-09-00543-CVPublishedCited by 31 opinions

1Opinion of the Court

OPINION

WILLIAM J. BOYCE, Justice.

Appellant EMS USA, Inc. challenges the trial court’s denial of its application for a temporary injunction. 1 We reverse and remand.

Background

Energy Facility Services, Inc. and Robert Shary entered into a personal services contract on July 1, 2005. The contract contained a non-compete covenant stating as follows:

[Shary] agrees for 2 years following the termination of this agreement not to solicit, induce, recruit, or encourage any of the Company’s employees to leave their employment, nor will [Shary], directly or indirectly: (i) solicit any of the Company’s…

2Cases cited16 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Mann Frankfort Stein & Lipp Advisors, Inc. v. FieldingTexas Supreme Court · 2009
  3. Butnaru v. Ford Motor Co.Texas Supreme Court · 2002
  4. Davis v. HueyTexas Supreme Court · 1978
  5. Walling v. MetcalfeTexas Supreme Court · 1993

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

3Cited by31 opinions

  1. Washington DC Party Shuttle, LLC, Party Shuttle Tours, LLC and Creativerse Internet Systems, LLC v. Iguide Tours, LLC, Tyree Cook, and Abise Eshetu, Texas Court of Appeals, 14th District (Houston)2013
  2. 8100 NORTH FREEWAY LTD. v. City of Houston, Texas Court of Appeals, 14th District (Houston)2010
  3. LasikPlus of Texas, P.C and LCA-Vision, Inc. v. Federico Mattioli, MD, Texas Court of Appeals, 14th District (Houston)2013
  4. Gray Wireline Service, Inc. v. CavannaCourt of Appeals of Texas · 2011
  5. Johnson Service Group, Inc. v. Olivia FranceDistrict Court, N.D. Texas · 2011

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

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