Sunday, December 1, 2013

Ed Bertholet & Associates, Inc. v. Ed Stefanko case brief

Ed Bertholet & Associates, Inc. v. Ed Stefanko case brief summary
690 N.E.2d 361 (1998)

Appellant employer sought review of the judgment of the Laporte Superior Court (Indiana), which denied his petition for a preliminary injunction as to his appellee employee.

The employer and employee entered into an agreement that included a covenant not to compete that provided for an injunction in the event of a breach of the covenant. The employee voluntarily left the employer's company and began working for a local competitor.


  • The court affirmed the trial court's denial of the employer's petition for a preliminary injunction. 
  • The employer failed to explain how the harm was irreparable. 
  • The employer failed to show that its remedies at law would be inadequate. 
  • The employment contract contained a liquidated damages provision that required the employee to pay the employer 15 percent of any bonds he wrote while in violation of the covenant not to compete. 
  • The court held that the agreement set an adequate monetary remedy in the liquidated damages provision.

The court affirmed the judgment in favor of the employee.

Recommended Supplements and Study Aids for Property Law

Shop for Law School Course Materials.

No comments:

Post a Comment

Search Thousands of Case Briefs and Articles.