Foti v. Cook

How courts have described this case

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

• holding that the “respective positions” of the parties are relevant to whether a non-competition or non-solicitation agreement is “unreasonably harsh and oppressive”
• withdrawing partner to pay one-third of fees collected from former firm clients for a period of three years
• finding an agreement with no geographic restriction enforceable and “not unreasonable as to time, area, or persons” where it was limited to the plaintiff employer’s clients
• accounting firm partnership agreement provided that for 2-year period following withdrawal the withdrawing partner would pay the partnership one third of fee collected from such clients in a 3-year period; covenant was found to be reasonable
• applying the same three prong reasonableness test used for non-competes to a non-solicitation clause
• “We have held repeatedly that whether the restrictive covenants in an employment contract will be enforced depends upon the facts of the particular case.... ”

Source: CourtListener parenthetical corpus (CC0).