CVS Pharmacy, Inc. v. Lavin, No. 19-1638 (1st Cir. 2020)Annotate this Case
The First Circuit affirmed the entry of a preliminary injunction enforcing a covenant not to compete included in a restrictive covenant agreement (RCA) that Appellant signed in 2017, holding that the district court did not err in finding that the covenant not to compete was reasonable and in entering the preliminary injunction.
After working almost three decades at CVS Pharmacy, Inc., Appellant accepted a new position at PillPack LLC, a direct competitor of CVS. CVS sued Appellant seeking to enforce the covenant not to compete. The district court entered a preliminary injunction enjoining Appellant from working at PillPack for eighteen months, finding that the covenant was reasonable and that Appellant's new position would violate the covenant. The First Circuit affirmed, holding that, under either the as-applied or the facial approach in evaluating the reasonableness of the restrictive covenant, CVS was likely to succeed on the merits of its claim for injunctive relief.
The court issued a subsequent related opinion or order on March 3, 2020.