Clark's Sales & Services, Inc. v. John D. Smith and Ferguson Enterprises, Inc. - 1/22/14

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Wednesday  January 22, 2014 
11:00 AM  EST

10:30 a.m. 49A02-1306-PL-552. Clark’s Sales & Service, Inc. (“Clark’s”) appeals the trial court’s order denying its motion for preliminary injunction as to a restrictive covenant it sought to enforce against former Clark’s employee, John D. Smith, and his new employer, Ferguson Enterprises Inc.  Smith worked for Clark’s for approximately fourteen years before leaving to work for Ferguson.  During his employment with Clark’s, Smith signed an employment agreement which included a noncompetition provision.  The trial court concluded that the noncompetition provision that Clark’s drafted is overly broad and unenforceable. Clark’s maintains that the noncompetition provision is reasonable and enforceable as written but, in the event we determine that it is not, Clark’s requests this Court to apply the blue pencil doctrine to make the provision reasonable and enforceable. If it is determined that the noncompetition provision in the employment agreement is (or can be made) reasonable and enforceable, Smith and Ferguson assert that Clark’s request for an injunction must still fail because Clark’s previously committed a material breach of the employment contract it now seeks to enforce.  Clark’s responds that a “survival of obligations” provision in the contract precludes Smith from raising the material breach defense.

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  1. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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