Deming v. Nationwide Mutual Insurance

How courts have described this case

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

• recognizing it was adopting a minority view, the appellate court analyzed the forfeiture of deferred compensation as it would an employment contract non-compete clause
• discussing several characterizations of allegedly anticompetitive provi- sions and corresponding standard to be applied as to validity
• analyzing a forfeiture-for- competition clause under the reasonableness test applied to covenants not to compete but recognizing that this was not the majority approach
• indicating statutory theft is different from conversion on two grounds: (1) it \requires an intent to deprive another of his property\; and (2) conversion requires the owner to be harmed
• “[a] material fact . . . [is] a fact which will make a difference in the result of the case” [internal quotation marks omitted]
• conversion and statutory theft have identical factors, with addition of intent requirement for statutory theft

Source: CourtListener parenthetical corpus (CC0).