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Concurring.pdf

2009-04-17.hecht.pdf
Preview of Concurring
🔗 Source: docs.texasappellate.com
📊 Size: 150 KB
📄 Pages: 9 pages
⬇️ Downloads: 38

Summary

The Texas Supreme Court considered whether the Texas Covenants Not to Compete Act controls the award of attorney fees to an employee suing for a declaratory judgment construing a covenant not to compete when the employer is also suing to enforce the covenant. The court ultimately did not reach this issue, but Justice Hecht concurred, stating that the Act's exclusive remedies provision (Section 15.52) preempts other laws and procedures regarding covenants not to compete, including attorney fees. He argued that an employee's suit for declaratory judgment and an employer's suit for breach are opposite sides of the same issue, and the statute's preemptive effect applies.

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Description

The Texas Supreme Court considered whether the Texas Covenants Not to Compete Act controls the award of attorney fees to an employee suing for a declaratory...

Technical Information

  • File Format: PDF
  • File Size: 150 KB
  • Pages: 9
  • Language: EN
  • Total Downloads: 38
  • Last Updated: 5 hours ago

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