A waterworks distributor urged Delaware’s top judges Wednesday to rein in the state’s elite business court and enforce restrictive covenants in noncompete contracts.
Fortiline Inc. is appealing a Delaware Chancery Court ruling that found its noncompete provisions were overly broad and unenforceable. It argues it should’ve been allowed to seek monetary damages even if injunctive relief was unavailable under two Delaware Supreme Court opinions that upheld certain forfeiture-for-competition provisions.
The contracts for 30 “highly placed” employees who left for a competitor should’ve been enforced as written because they were entered into freely and not as a requirement for employment—a condition ...
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