Travelex Insurance Services, Inc. v. Barty, No. 19-2011 (8th Cir. 2020)
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Travelex filed suit against defendant to enforce an alleged agreement restricting her ability to compete with Travelex by soliciting business from certain customers. The district court granted partial summary judgment in favor of defendant, determining that the purported agreement was unenforceable.
The Eighth Circuit reversed and remanded, holding that summary judgment was not warranted. In this case, the district court concluded that the agreement was unenforceable because the 2008 agreement became a nullity when Travelex was acquired by Cover-More and defendant refused to sign a new agreement as a condition of continued employment and was terminated. The court held that defendant's refusal to sign the new agreement nullified the prior agreement. The court also held that defendant's alternative argument, that under New York law restrictive covenants may not be enforced when an employee is dismissed without cause, does not apply because the non-solicitation agreement is not unreasonable as a matter of law.
Court Description: [Colloton, Author, with Benton, Circuit Judges, and Williams, District Judges] Civil Case - Diversity. Travelex Insurance Services, Inc. sued Lynn Barty for violating its agreement not to compete. The district court erred in concluding the agreement was unenforceable, by concluding that the 2008 agreement became a nullity when Travelex was acquired Cover-More and Barty refused to sign a new agreement as a condition of continued employment and was terminated. We disagree that Barty's refusal to sign a new agreement nullified the prior agreement. Barty's alternative argument that under New York law restrictive covenants may not be enforced when an employee is dismissed without cause, does not apply here, as the non-solicitation agreement is not unreasonable as a matter of law.
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