Friday, December 9, 2022

Asking for publication at oral argument

An unpub'd decision from 4/3 has this interesting aside:
At oral argument, counsel for both appellant and respondents requested this court to publish this opinion and establish a bright-line rule regarding the enforceability of nonsolicitation clauses. The facts of this case do not warrant publication, however. As will be explained in details, post, the nonsolicitation clause at issue here is impermissibly overbroad. We need not look beyond the facts of this case to address the issue of the per se invalidity of nonsolictation provisions in employment agreements.

Today's DJ ADR profile is Adapts to the needs of the case: John Zebrowski modifies his approach to best suit the dispute he's mediating, which notes that the former justice (now with ADR Services Inc., formerly in 2/2 from 1995-1999) has been providing appellate consultation since 1999.