Bess v. Bothman

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that under the “blue pencil” doctrine, courts modify unreasonable restraints of trade and ʺenforce them to the extent reasonable in the circumstancesʺ
• holding the “enforcement of restrictive covenants remains a matter of equitable discretion” and the district court has the “authority to modify and enforce [a] covenant not to compete”
• time limitation should represent a reasonable balance between protection of plaintiffs goodwill and avoidance of undue hardship to defendant
• \The rationale of the blue pencil doctrine is that a court is merely enforcing the legal parts of a divisible contract rather than making a new contract for the parties.\
• “The rationale of the blue pencil doctrine is that a court is merely enforcing the legal parts of a divisible contract rather than making a new contract for the parties.”

Source: CourtListener parenthetical corpus (CC0).