Quote:
Originally Posted by LasciviousXXX
The biggest positive I can see for Mr. Leccia is that the non-compete covenant could be considered unenforceable if the duration is ruled to be unreasonable or overly broad. And let's face it, 5 years as well as restrictions on a national level could be deemed an unreasonable restriction on Mr. Leccia's ability to earn a living. Logically, I could see the judge scraping the non-compete clause in this case.
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On a related issue, and this goes back to what George was saying about state common law, if this goes to trial and the five year duration is deemed too long, then it will come down to whether Florida's common law strikes the clause completely or whether it rewrites it to be enforceable. However, as with most cases, Sam and Oliva will likely reach an agreement and this won't ever make it to trial anyways.