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800-828-3200 | 603-627-5997
·
mfeniger@fenigeranduliasz.com
·
Mon - Fri 08:30-5:00
Free Consultation

Independent Contractors and Non-Competition Agreements Case Study

Case Study Caption

In a recent case of first impression within the state of New Hampshire, Feniger & Uliasz litigated the issue of whether a contractual non-compete agreement is enforceable against an independent contractor. The case is Brians 1:1 Fitness, LLC v Woodward reported as case No. 217-2012-CV-00838 in the Merrimack County Superior Court and orders may be reviewed on the court website.

Independent Contractors and Non-Competition Agreements Case Study

In a recent case of first impression within the state of New Hampshire, Feniger & Uliasz litigated the issue of whether a contractual non-compete agreement is enforceable against an independent contractor.

Based on the contract between the owner and the independent contractor the case was litigated through a preliminary injunction and full evidentiary hearing resulting in a decision in favor of the independent contractor.

The case ultimately settled but, the orders from the presiding judge, based on cases from other jurisdictions, has set out a guideline for the enforcement of such contract provisions. In addition, during the pendency of the litigation protective legislation regarding non-compete agreements in employment contracts agreements became effective which may redirect the focus of the analysis.

From the standpoint of our client, the outcome allowed him to continue to operate a successful business in which he had already made a substantial investment of time and money.