Superior Speech and Hearing Center v. Baines

This case involves a noncompete clause in an employment contract.
Publisher: NITA
Case File :Softbound, 112 pages
$38.00
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In Stock
ISBN: 9781601561909
Publisher: NITA
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This case involves a noncompete clause in an employment contract.

Jillian Baines had an employment contract with Superior Speech and Hearing Center ("Superior")located in West Hampton, Nita, and worked for Superior for a year. Marty Allen is the owner and director of Superior. Jillian's contract included a noncompete clause. After her contract expired, she continued with Superior to train a replacement. However, Baines recently left Superior to work for her husband's company, River Island View Audiologists, P.A. ("River Island"), located across the Island River in Red Oak. River Island is Superior's biggest competitor. Superior had a renewable contract with Independent School District 100A ("School District"), which has expired. All students in the School District are residents of West Hampton. The school system decided not to renew the contract with Superior. River Island has just been awarded the public school system contract. Superior filed a summons and complaint in state court, and the defendant, Jillian Baines, answered. In the complaint, the plaintiff is asking for a permanent injunction to enforce the noncompete clause of the employment contract and for other relief. The matter is now before the court in regard to a temporary injunction (restraining order) to prevent Jillian Baines from working with River Island until the permanent injunction matter can be heard.

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Table of Contents

CONTENTS

Directions for Determining Dates, Ages, and Applicable Law

Procedural and Factual History
       Introduction
       Issues Raised
       The Parties
       Party and Witness Affidavits
       Exhibits and Documents
       Map of West Hampton, Red Oak, and Surrounding Suburbs


The Facts
       Detailed Timeline of Significant Dates
       Letter from Marty Allen to Jillian Baines with Attached Employment Agreement
       Letter of Resignation from Jillian Baines to Marty Allen
       Letter from Marty Allen to Jillian Baines
       Letter from Dr. Pierce Marshall to Marty Allen
       Letter from Marty Allen to Jillian Baines
       Letter from Jillian Baines to Marty Allen

Pleadings
       Summons
       Complaint
       Plaintiff's Exhibit A—Employment Agreement
       Answer

Temporary Restraining Order Materials
       Notice of Motion and Motion for Temporary Restraining Order
       Proposed Findings of Fact, Conclusions of Law, and Temporary Restraining Order
       Plaintiff's Memorandum of Law in Support of Motion for Temporary Restraining Order
       Defendant's Memorandum of Law in Opposition to Plaintiff's Motion for Temporary Restraining Order

Affidavits
       Marty Allen with Attachment (Financial Statement)
       Affidavit of Jillian Baines with Attachment (Letter from Scott Westerberg)

Appendices
       Appendix A: Directions
       Appendix B: Memo to Senior Partner—Preliminary Legal and Strategic Analysis—for Employer
       Appendix C: Memo to Senior Partner—Preliminary Legal and Strategic Analysis—for Employee
       Appendix D: Summary of Cases Cited

Learning Materials
       Planning Guide and Checklist
             General
             Negotiation
             Mediation
             Discovery
             Motions/Oral Argument
             Trial (Court/Jury)

Learning Objectives
             Trial (Court/Jury)
             Depositions
             Negotiation
             Mediation
             Motions/Oral Argument
             Expert Witnesses