Supreme Court of Missouri· 8/14/2012

Whelan Security Co. v. Kennebrew

Citations

379 S.W.3d 835
34 I.E.R. Cas. (BNA) 408
2012 WL 3627773
2012 Mo. LEXIS 167

How courts have described this case

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

stating that “[t]here remain genuine issues of fact that must be resolved by the trier of fact”
explaining that whether a contract is ambiguous is a “legal issue determined by the court”
holding that when “the provisions of a non-compete clause impose a restraint that is unreasonably broad, [ . . .] courts still can give effect to its purpose by refusing to give effect to the unreasonable terms or modifying the terms of the contract to be reasonable.”
stating that “[a]s an enforceable covenant against Mr. Kennebrew, a genuine factual issue exists as to whether Mr. Kennebrew’s actions violated the covenant” and that “[t]here remain genuine issues of fact that must be resolved by the trier of fact”
limiting enforceability of customer non- solicitation clause to 12 months instead of 24
A non-compete agreement is enforceable only to the extent the restrictions protect the employer’s legitimate interests

Source: CourtListener parenthetical corpus (CC0).

Judges: Beetem, Breckenridge, Draper, Fischer, Russell, Stith, Teitelman

Read full opinion on CourtListener

Cited by

25 cases in this archive cite this case; the 20 most cited are listed.

Cites

23 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

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