Monthly Archives: November 2007

New Personal Services Case Illustrates Non-Compete Principles

A newly-decided case by Judge Fabricant of the Business Litigation Section of Suffolk Superior Court highlights some interesting trends with regard to the enforcement of non-compete agreements (Lunt v. Campbell, et al.). The case involves three hairdressers who left the Lunt salon in Beverly Farms, Massachusetts to start a new shop in Peabody, Massachusetts. The hairdressers had signed non-compete agreements midway through their employment with Lunt prohibiting them from competing in Essex County for a period of two years. Lunt sought an injunction when the hairdressers left to start Gichelle’s Hair Studio.

The court’s decision denying injunctive relief for Lunt… More

Non-Compete Related Counterclaim Slapped Down By Massachusetts Anti-SLAPP Law

A recent decision illustrates the risks for defendants in non-compete cases who go on the offensive by asserting counterclaims against former employers. In a 2006 opinion, the Massachusetts Business Litigation Session awarded a defendant in a non-compete case significant damages after the defendant proved that the plaintiff had filed the lawsuit for improper competitive purposes. Yet, in a recent decision, the same court dismissed a defendant’s counterclaim, ruling that the counterclaim was based solely on the plaintiff’s filing of the lawsuit and that the plaintiff’s claims were reasonably based in the facts and the law.

In Brooks Automation v…. More