Courts in Massachusetts simultaneously exercise powers that were once formally divided into law and equity. The division between these powers has since eroded and it is common to find judges arriving at one conclusion under the law, but then explaining how equity requires that conclusion to be altered in some significant way. In the context of a noncompete case, this is typically good news for the defendant former employee, and a headache for the plaintiff employer.
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Judge van Gestel recently ruled in Tyler Technologies, Inc. v. Reidy that an employer is not entitled to injunctive relief where its noncompete agreement inaccurately describes the subject employee as a “consultant”.
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U.S. District Court Judge Saylor recently decided that an employer cannot sue its former employee for breaching a noncompete agreement after the employer breached the contract containing that noncompete provision.
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The phone rings constantly at Davis & Davis, P.C., and several times a day the caller is a potential client who was referred to us by another office or who found us on the web. The most common question we hear each day is: “Do I have a case?” I don’t think there is a more difficult question for a lawyer to answer over the phone.
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