ACORDIA OF OHIO, L.L.C. v. FISHEL

No. 2011-0163.

133 Ohio St.3d 345 (2012)

2012-Ohio-2297

ACORDIA OF OHIO, L.L.C., Appellant, v. FISHEL ET AL., Appellees.

Supreme Court of Ohio.

Decided May 24, 2012.


Attorney(s) appearing for the Case

Katz, Teller, Brant & Hild, James F. McCarthy III , and Laura Hinegardner , for appellant.

Denlinger, Rosenthal & Greenberg, L.P.A., Mark E. Lutz , and Michael P. Majba , for appellees.

Taft Stettinius & Hollister, L.L.P., W. Stuart Dornette , John B. Nalbandian , and Ryan M. Bednarczuk , urging reversal for amici curiae Ohio Chamber of Commerce and Ohio Chemistry Technology Council.

Beckman Weil Shepardson, L.L.C., and Peter L. Cassady , urging reversal for USI Holdings Corp. and USI Midwest, Inc.

Benesch, Friedlander, Coplan & Aronoff, L.L.P., and Jennifer Turk , urging reversal for Willis of Ohio, Inc.

Hylant Group, Inc., and Michelle Lafferty , urging reversal for Hylant Group, Inc.

Jones Day, Robert P. Ducatman , and Meredith M. Wilkes , urging reversal for amicus curiae PNC Financial Services Group, Inc.

Fortney & Klingshirn and Neil Klingshirn ; and Gregory Gordillo , urging affirmance for amicus curiae Ohio Employment Lawyers' Association.


LANZINGER, J.

{¶ 1} In this appeal, we are asked to consider whether the ability to enforce an employee's noncompete agreement transfers by operation of law to the surviving company when the company that was the original party to the agreement merges with another company. We hold that in this case, the language of the agreement dictates that the surviving company cannot enforce the agreement after the merger as if it had stepped into...

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