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KEENER v. CONVERGYS CORP.

No. 02-11324.

342 F.3d 1264 (2003)

James A. Keener, Plaintiff-Counter-Defendant-Appellee, v. Convergys Corporation, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 21, 2003.

Attorney(s) appearing for the Case

Dana F. Braun, Callaway, Braun, Riddle & Hughes, PC, Savannah, GA, Grant S. Cowan, Cincinnati, OH, for Convergys Corp.

Wade W. Herring, II, Hunter, Maclean, Exley, Dunn, P.C., Colin A. McRae, Savannah, GA, for Keener.

Before BIRCH and BLACK, Circuit Judges, and PROPST, District Judge.

BIRCH, Circuit Judge:

In this appeal, we apply the law as certified by the Supreme Court of Georgia and affirm the district court's grant of summary judgment, which declared a non-competition agreement ("NCA") between Convergys Corporation and James A. Keener unenforceable under Georgia law. However, we hold that the district court abused its discretion when it enjoined Convergys from seeking to enforce the NCA against Keener in any court in the world. We also reverse...

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