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· 3/5/2001

Capricorn Systems, Inc. v. Pednekar

Citations

  • 546 S.E.2d 554
  • 248 Ga. App. 424
  • 17 I.E.R. Cas. (BNA) 567
  • 2001 Fulton County D. Rep. 1053
  • 2001 Ga. App. LEXIS 277

How courts have described this case

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

  • holding that if no actual damages shown for breach of a termination notice provision, then nominal damages were still recoverable
  • holding that if no actual damages shown for breach of a termination notice provision, then nominal damages were still recoverable
  • holding that a restrictive covenant that had no definite geographic-area limitations as to competition, solicitation of clients, or recruiting of employees rendered the covenant unenforceable for being overbroad
  • liquidated damages clause unenforceable where damages set arbitrarily at $50,000 and bore no rational relationship to actual or potential damages
  • “Void restrictive covenants, which cannot be blue-penciled5 out of the contract, do not void the entire contract when the contract contains a severability clause . . . .”
  • “Where a former employee is prohibited from working in any scope or capacity of employment for a competitor of the former employer, such covenant not to compete is unenforceable as being overly and unreasonably broad”

Source: CourtListener parenthetical corpus (CC0).

Judges: Andrews, Eldridge, Miller

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.