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NUVASIVE, INC. v. DAY

No. 19-1611.

954 F.3d 439 (2020)

NUVASIVE, INC., Plaintiff-Appellee, v. Timothy DAY, Defendant-Appellant.

United States Court of Appeals, First Circuit.

April 8, 2020.

Attorney(s) appearing for the Case

Bryan E. Busch , with whom Busch Slipakoff Mills & Slomka, LLC, Steven D. Weatherhead , and Marathas Barrow Weatherhead Lent LLP were on brief, for appellant.

Mary Taylor Gallagher , Nashville, TN, with whom Holly M. Polglase , Michael S. Batson , Boston, MA, Hermes, Netburn, O'Connor & Spearing, P.C., Christopher W. Cardwell , M. Thomas McFarland , Nashville, TN, and Gullett, Sanford, Robinson & Martin, PLLC, were on brief, for appellee.

Before Howard, Chief Judge, Thompson and Barron, Circuit Judges.

In this appeal, Timothy Day, a Massachusetts resident, challenges a preliminary injunction that the United States District Court for the District of Massachusetts granted to his former employer, NuVasive, Inc., which is a health-care company incorporated in Delaware. The injunction, which enforces a nonsolicitation clause...

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