· 12/17/2004
Fitness Experience, Inc. v. TFC Fitness Equipment, Inc.
Citations
- 355 F. Supp. 2d 877
- 2004 U.S. Dist. LEXIS 26227
- 2004 WL 3029932
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that an asset transfer from one corporation to another involves assignment of a non-compete covenant whose validity depends on Ohio law
- “[Preparing to compete is qualitatively different than actually competing with one’s present employer and will not, by itself, support a breach of loyalty claim.”
- granting summary judgment against a breach of fiduciary duty claim where the defendants met with lawyers to plan a competing business because the activities constituted preparation to compete, not active competition
- “While it is unassailable that the assignability of the non-compete agreements serve to protect, to some extent, the good will of the business being sold, such a broad statement could be made in every single case.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wells
Read full opinion on CourtListenerSourced 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.