Legal Opinion
Bayly, Martin & Fay, Inc. v. Pickard
Supreme Court of Oklahoma
Decided September 26, 1989No. 68700PublishedCited by 40 opinions
1Opinion of the Court
KAUGER, Justice.
On June 14, 1989, we granted certiorari to consider a question of first impression: whether a court may modify an otherwise void covenant not to compete so that the covenant constitutes a reasonable restraint on trade falling outside the forbidden parameters of 15 O.S.1981 § 217. Section 217 provides:
“Every contract by which any one is restrained from exercising a lawful profession, trade or business of any kind, otherwise than as provided by the next two sections, is to that extent void.”
We find that covenants not to compete cannot be modified judicially to conform with the…
2Cases cited79 opinions
- Standard Oil Company of New Jersey, Appts. v. United StatesSupreme Court of the United States · 1910
- United States v. E. I. Du Pont De Nemours & Co.Supreme Court of the United States · 1956
- United States v. American Tobacco Co.Supreme Court of the United States · 1911
- Raimonde v. Van VlerahOhio Supreme Court · 1975
- Weatherford Oil Tool Company v. CampbellTexas Supreme Court · 1960
74 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Chris Cardoni v. Prosperity BankCourt of Appeals for the Fifth Circuit · 2015
- Scott v. Snelling and Snelling, Inc.District Court, N.D. California · 1990
- Berry & Berry Acquisitions, LLC v. BFN Props. LLCSupreme Court of Oklahoma · 2018
- Gabler v. Holder and Smith, Inc.Court of Civil Appeals of Oklahoma · 2000
- Trust Co. of Oklahoma v. State Ex Rel. Department of Human ServicesSupreme Court of Oklahoma · 1991
35 more not listed; retrieve them via the Exa API.