· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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