U.S. - North Carolina Non-competes
2016.07.28 Noncompete Overbroad - No Blue Pencil because No Job Description. The 4th Circuit began its decision in RLM v Tuschen by noting that North Carolina law generally disfavors enforcement of non-competition provisions, and explained as follows in finding the provision at issue overly broad (not due to its one year term but because of its absence of any reference to job function):
2016.04.16 North Carolina Supreme Court Re-Affirms Classic View Of "Blue-Pencil Doctrine" - This Brooks Pierce alert begins: "The North Carolina Supreme Court, in a long-awaited decision, reaffirmed the Court's historic view on the "blue-pencil" doctrine in North Carolina as it relates to non-competition agreements." The case is Beverage Systems Of The Carolinas, LLC v. Associated Beverage Repair, LLC, 2016 N.C. Lexis 177 (N.C. Mar. 18, 2016).
2013.Jan.29 Doctor Wins Non-Compete Battle - see Carolina Asthma and Allergy Center, P.A. vs. Maeve O’Connor, M.D., Case No. 13-CVS-328, (General Court of Justice, Mecklenburg County, NC) - discussed in NoncompeteBlog.
2009.Jan.06 Medical Staffing Network v. Ridgway (670 S.E.2d 321, NC Ct of Appeals) summarizes applicable law through the following quotations from the opinion, with the import being that NC courts will enforce non-competes but only if they are narrowly drawn:
2007 Article General discussion with special attention to engineers - Employee Non-Compete Agreements in North Carolina.
2007 Law Review Article Putting the Blue Pencil Down: An Argument for Specificity in Noncompete Agreements (Neb. Law Review, 1/1/2007) -- see text opposite footnote 74 to the effect that under N.C. law "equity will neither enforce nor reform an overreaching and unreasonable covenant."
2009.Jan.06 Medical Staffing Network v. Ridgway (NC Ct of Appeals) applies the foregoing to invalidate a non-solicitation provision, based on the following quotations from the opinion:
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