A Tarrant County district court granted summary judgment in favor of an IMcP client, a physician, defeating his former employer’s attempt to enforce noncompetition, nonsolicitation, and nondisclosure covenants. The court’s ruling resulted in dismissal with prejudice of all claims asserted by the physician’s former employer (“OldCo”).

Case overview

OldCo, a company that manages hospitals and medical facilities in Texas, sued a former employee (a physician), alleging violations of his employment agreement. OldCo claimed the physician breached noncompetition, nonsolicitation, and nondisclosure provisions in his contract.

The physician retained IMcP to defend the lawsuit and challenge the enforceability of the restrictive covenants. IMcP moved for summary judgment, asking the court to dismiss OldCo’s breach of contract claims with prejudice.

The court’s ruling

OldCo opposed the motion, and the parties fully briefed the issues. After a hearing held approximately five months after the lawsuit was filed, the court sustained all of IMcP’s objections to OldCo’s summary judgment evidence and arguments. The court then granted IMcP’s motion and dismissed OldCo’s breach of contract claims with prejudice.

IMcP trial team

IMcP partner Greg McAllister served as lead counsel and worked closely with partner Joshua Iacuone. To learn more about IMcP’s Dallas noncompete lawyers, please see the attorney biographies linked above.

Case background

The plaintiff (“OldCo”) sued two former global sales representatives after they left to join a competitor, claiming they breached restrictive covenants in their employment agreements. OldCo alleged violations of noncompetition, nonsolicitation of employees and customers, and misuse of confidential information. Oldco secured an ex parte temporary restraining order (TRO) at beginning of the case.

The two defendants then hired IMcP.​

Employer’s injunction request

After obtaining the TRO, OldCo asked the court to enter a temporary injunction that would extend the TRO’s restrictions through trial. The requested injunction would have barred the IMcP clients from providing competitive services, soliciting OldCo’s employees or customers, and using OldCo’s alleged confidential information.​

Injunction denied and lawsuit dismissed

Following a full evidentiary hearing, with live witness testimony from both sides, the court completely denied OldCo’s request for a temporary injunction in its entirety. Just four days later, OldCo chose to voluntarily dismiss all of its claims against the IMcP clients.

IMcP trial team

IMcP partner Greg McAllister served as lead counsel for the defendants, working closely with partners Joshua Iacuone and Jesse Okiror. The result underscores IMcP’s experience defending employees and advisors in Texas noncompete and nonsolicitation disputes in courts across the state, including Travis County. Bios of IMcP’s Texas noncompete lawyers are above.

Case background

OldCo filed suit, alleging a departed nurse practitioner violated noncompete, nonsolicit, and nondisclosure provisions after moving to a new practice. The former employer sought emergency relief to restrict her ability to work, and she hired IMcP.

TRO and injunction efforts

OldCo first sought a temporary restraining order aimed at stopping the nurse practitioner from working at her primary office, but the court denied that request after a hearing. The employer later pursued a temporary injunction and a hearing was held – no temporary injunction order was ever entered.

Summary judgment win

Following the failed efforts to obtain injunctive relief, IMcP moved for summary judgment on all claims asserted against the nurse practitioner. The court granted the motion in full and ordered that all claims be dismissed.

Greg McAllister served as lead counsel, working closely with IMcP partner Joshua Iacuone. Bios of IMcP’s Dallas noncompete lawyers are above.

Case background

The prior employer (“OldCo”) filed suit in Dallas against a former Director, who departed and started a competing business. OldCo alleged breach of contract (noncompete, nonsolicit, and nondisclosure), tortious interference, breach of fiduciary duty, and trade secret misappropriation. OldCo obtained a TRO and applied for a preliminary injunction in federal court. The Director then hired IMcP.

Temporary injunction

OldCo’s preliminary injunction application sought to stop the Director from competing and running his new business. That failed. The order enjoined certain solicitation but the Director was not prohibited from running his new business and competing.

Arbitration

The case then proceeded solely in arbitration for a year on (a) OldCo’s claims and (b) counterclaims filed by the Director. After lengthy discovery and pre-trial proceedings, the final arbitration hearing lasted about two weeks. The arbitration award resulted in damages for both sides but awarded much more in damages to the Director. The case had fully flipped. Moreover, the arbitrator dissolved the injunction and denied OldCo’s request for any further injunctive relief.

Greg McAllister served as lead counsel, working closely with IMcP partner Joshua Iacuone. Their work transformed a case that began with the Director on the defensive into a result where he secured both greater damages and complete relief from injunctive constraints. Bios of IMcP’s Dallas noncompete lawyers are above.