VICTAULIC CO. v. TIEMAN

No. 07-2088.

499 F.3d 227 (2007)

VICTAULIC COMPANY, v. Joseph L. TIEMAN; Tyco Fire Products, LP (E.D.P.A. Civil No. 06-cv-05601) Joseph L. Tieman; Tyco Fire Products, LP v. Victaulic Company (E.D.P.A. Civil No. 07-cv-00512) Victaulic Company, Appellant.

United States Court of Appeals, Third Circuit.

Opinion filed: August 23, 2007.


Attorney(s) appearing for the Case

Oldrich Foucek, III, Esquire (Argued), Kelly M. Smith, Esquire, Tallman, Hudders & Sorrentino, Allentown, PA, Counsel for Appellant.

Stephen G. Harvey, Esquire, Cara M. Kearney, Esquire, Pepper Hamilton, Philadelphia, PA; Edward L. Friedman, Esquire (Argued), Scott K. Davidson, Esquire, Christopher Dove, Esquire, Locke, Liddell & Sapp, Houston, TX, Counsel for Appellees.

Before: RENDELL, AMBRO and NYGAARD, Circuit Judges.


OPINION OF THE COURT

AMBRO, Circuit Judge.

This is a classic case of jumping the gun. The dispute centers on a covenant not to compete between an employer and former employee. All parties admit that the employee is violating the covenant; the question is whether it is unreasonable, and thus not appropriately enforced through an injunction. Because reasonableness is a fact-intensive inquiry, we hold that it should not have been determined on the pleadings...

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