PRUDENTIAL LOCATIONS, LLC v. GAGNON

SCWC-16-0000890 SCWC-17-0000216.

506 P.3d 134 (2022)

PRUDENTIAL LOCATIONS, LLC, Respondent/Plaintiff-Appellant, v. Lorna GAGNON and Prestige Realty Group Limited Liability Company, Petitioners/Defendants/Cross-Claim Defendants-Appellees, and RE/MAX LLC and Lorraine Clawson, Respondents/Defendants/Cross-Claimants/Third-Party Plaintiffs-Appellees, and Kevin Tengan, Respondent/Third-Party Defendant-Appellee.

Supreme Court of Hawai`i.

As Amended April 1, 2022.


Attorney(s) appearing for the Case

Matt A. Tsukazaki , Honolulu, for petitioners/defendants-appellees.

William J. Kelly III , pro hac vice ( Jamie C. S. Madriaga , Honolulu, and Duane R. Miyashiro , with him on the briefs) for respondents/defendants-appellees.

John Rhee , Honolulu ( Paul Alston and Kristin L. Holland , Honolulu, with him on the briefs) for respondent/plaintiff-appellant.

Joseph A. Ernst for amicus curiae Chamber of Commerce Hawaii.

McKENNA AND WILSON, JJ., AND CIRCUIT JUDGE MORIKAWA, ASSIGNED BY REASON OF VACANCY, WITH RECKTENWALD, C.J., CONCURRING IN PART AND DISSENTING IN PART, WITH WHOM NAKAYAMA, J., JOINS.


I. Introduction

This case addresses the enforceability of a non-compete agreement restricting Lorna Gagnon ("Gagnon"), a former employee of Prudential Locations, LLC ("Locations"), from "establishing her own brokerage firm in the State of Hawai`i within one year after terminating her employment with...

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