September 28, 2018

Fishkin Lucks Successful in Non-Compete Action in the United Stated District Court for the Eastern District of Pennsylvania

The Firm prevailed upon a trio of companies to voluntarily dismiss their complaint against the Firm’s client, a former employee of one of the companies, alleging breach of a non-compete agreement. The plaintiff companies filed their complaint and concurrent application for injunctive relief in the Court of Common Pleas in Lehigh County, Pennsylvania. Plaintiffs did not allege an amount in controversy; however, the Firm sought, and was able to obtain removal to the District Court for the Eastern District of Pennsylvania on the basis that a damages calculation made pursuant to plaintiffs’ own damages theory yielded an amount in controversy in excess of the necessary threshold. After removing the action, the Firm then confronted plaintiffs with the basis for its client’s contemplated motion to dismiss: while the Firm’s client had a non-compete agreement with one of the three plaintiffs, he was only alleged to have competed with an entirely different plaintiff. Faced with this threatened motion, plaintiffs promptly filed a stipulation of voluntary dismissal