Gary M. Feldman and David M. Cogliano Successfully Defend Request for Preliminary Injunction in Noncompete Case

July 25, 2005 - Boston, MA
For more information contact: Joanne Thorud
(617) 589-3894; jthorud@davismalm.com

Davis Malm attorneys Gary M. Feldman and David M. Cogliano successfully defended Bernardi Toyota and two of its employees, Frederick Locke and Jaclyn Vasquez, against a motion by Boch Toyota for a preliminary injunction for the alleged violation of a noncompetition agreement. In a four-page decision, Justice Elizabeth B. Donovan of the Norfolk Superior Court denied Boch Toyota's motion for injunctive relief to enjoin Mr. Locke and Ms. Vasquez from continuing to work for Bernardi Toyota. Mr. Feldman and Mr. Cogliano successfully showed that both Mr. Locke and Ms. Vasquez were not privy to any of Boch Toyota's procedures and therefore, a noncompete agreement was unnecessary. Justice Donovan found that Boch Toyota's noncompete agreement was designed solely for the purpose of protection from ordinary competition, which is not subject to noncompete protection, and that there was no legitimate business interest to be protected by granting the injunction. Justice R. Malcolm Graham of the Massachusetts Appeals Court further denied a motion for interlocutory relief brought by Boch Toyota.

Click here for the Norfolk Superior Court Decision.

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