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

Back to TopPrintE-mail
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.

Back to Events
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Here an atheist worries about the Indiana rules, when the real and demonstrated problems are (1) anti-Christian bias and (2) a refusal to follow their own rules as to the Indiana Board of Law Examiners! Such sweet, sweet irony! See, e.g. https://www.scribd.com/doc/299040062/Brown-ind-Bar-memo-Pet-cert and https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  2. Child Advocates profited over 6 million last year alone. They are bullies & do not act in children's best interests but rather their own. They placed my children full time with their unlicensed alcoholic father despite recommendations for over 5 yrs. Meanwhile my children have medical conditions left untreated living with their father and their education has suffered greatly. Get these people terminated!!!

  3. Child Advocates profited over 6 million last year alone. They are bullies & do not act in children's best interests but rather their own. They placed my children full time with their unlicensed alcoholic father despite recommendations for over 5 yrs. Meanwhile my children have medical conditions left untreated living with their father and their education has suffered greatly. Get these people terminated!!!

  4. Jeste?my najlepszym Kancelaria w Olkuszu. Odwied? nas na prawnika (adwokat) do wynaj?cia w Chrzanowie, Wadowicach i Olkuszu. Lokalny prawnik lub adwokat do wynaj?cia. adwokat wadowice

  5. Thanks for this article. We live in Evansville, IN and are aware of how bad the child abuse is here. Can you please send us the statistics for here in Vanderburgh, County. Our web site is: www.ritualabusefree.org Thanks again

ADVERTISEMENT