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.

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