May 18, 2010 | By Robert Wood | Read Time: < 1 minute | #Noncompete Agreements

Texas Trial Court Abused Discretion By Denying Temporary Injunction

In a recent case in Houston, a state trial court’s denial of an application for a temporary injunction was overturned.  In denying the requested temporary injunction, the court had failed to receive any testimony that might have supported the issuing of an injunction.  The court of appeals held that failing to receive testimnony necessitated reversal of the trial court’s ruling, for the following reasons: First,  the trial court...

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May 18, 2010 | By Robert Wood | Read Time: < 1 minute | #Noncompete Agreements

Does Constructive Discharge Affect Enforceability of Texas Noncompete Agreement?

In a recent case in a federal district court in Texas, the defendants–individuals who had signed non-compete agreements with their previous employer–contended that their agreements should not be enforceable because they were "constructively discharged" (i.e., forced to resign).  The federal district court rejected this contention.  In doing so, the court noted that "termination of at-will employment does not invalidate a restrictive covenant...

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