Patrick O'Hara and Wallace Schaefer VS Globus Medical, Inc. and Vortex Spine, LLC
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT PATRICK O' HARA AND WALLACE 2014 NO. CW 1436 3, 2014 SCHAEFER VERSUS GLOBUS MEDICAL, VORTEX SPINE, In Re: INC. AND LLC NOVEMBER Patrick O' Hara Wallace and Schaefer, 19th Judicial No. 630148 . WELCH, JJ. supervisory writs, East Baton Rouge, of BEFORE: KUHN, WRIT PETTIGREW AND GRANTED IN PART; for applying STAY District The GRANTED. Court, district Parish court erred in determining that the validity of the no competition and nonagreements (" NCND agreements") executed by plaintiffs, Patrick O' Hara and Wes Schaefer, is governed by Pennsylvania law disclosure rather than Louisiana 23 : 921 ( A) ( 2) and law. 23 : 921 ( C) . See La. We Civ. grant Code art. plaintiffs' 14 and La. writ R. S. application in part and remand this matter for the district court to determine the validity of these agreements pursuant to Louisiana law. the district Amended the Order addressing the court' of paragraphs NCND of the s determination "Agreement" Preliminary terms agreements) , is section of Injunction the pending, the are September stayed: of the No Competition Covenant Paragraph 2 ( addressing ( enumerating by contacted doctors/ entities plaintiffs) , that would Paragraph and 6 ( following 29, 2014 Paragraph 1 contained in the terms of the No Solicitation Covenant contained in the NCND agreements) , 4 While not be Paragraph solicited addressing the or time period in which the consent preliminary injunction would remain in In effect) . all other respects, the JEW JEK JTP COURT OF APPEAL, DJPUTY FOR CLERK THE FIRST OF CIRCUIT COURT COURT writ is denied.
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