ADP, LLC v. KUSINS

DOCKET NOS. A-4664-16T1 A-0692-17T3 A-0693-17T3 A-2990-17T4 A-4407-17T4 A-4527-17T4.

215 A.3d 924 (2019)

460 N.J.Super. 368

ADP, LLC, Plaintiff-Appellant/Cross-Respondent, v. Erik KUSINS, Defendant-Respondent/Cross-Appellant. ADP, LLC, Plaintiff-Appellant, v. Ryan Hopper, Defendant-Respondent. ADP, LLC, Plaintiff-Appellant, v. Anthony M. Karamitas, Defendant-Respondent. ADP, LLC, Plaintiff-Appellant, v. Nick LeNoble, Defendant-Respondent. ADP, LLC, Plaintiff-Appellant, v. Michael DeMarco, Defendant-Respondent. ADP, LLC, Plaintiff-Appellant, v. Daniel Hobaica, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 26, 2019.


Attorney(s) appearing for the Case

Timothy J. Lowe (McDonald Hopkins, PLC) of the Michigan bar, admitted pro hac vice, argued the cause for appellant/cross-respondent in A-4664-16 and appellants (Genova Burns, LLC, James Boutrous (McDonald Hopkins, PLC) of the Michigan bar, admitted pro hac vice, and Timothy J. Lowe, attorneys; Harris S. Freier , James Boutrous, and Timothy J. Lowe, on the briefs in A-4664-16, A-0692-17, A-2990-17, and A-4407-17; Harris S. Freier and Timothy J. Lowe, on the briefs in A-0693-17; Harris S. Freier, on the briefs in A-4527-17).

John H. Schmidt, Jr. , Westfield, argued the cause for respondent/cross-appellant in A-4664-16 and respondents (Lindabury, McCormick, Estabrook & Cooper, PC, attorneys; John H. Schmidt, Jr., and Stacey K. Boretz , on the briefs).

Before Judges Koblitz, Currier, and Mayer.


The opinion of the court was delivered by

In these consolidated appeals, we consider the enforceability of the restrictive covenant agreements (RCAs) executed by the six defendants during their employment with plaintiff ADP, LLC. Each defendant was a top-performing sales representative...

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