Acordia of Ohio, LLC v. Fishel

978 N.E. 2d 823 (2012)

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Acordia of Ohio, LLC v. Fishel

Ohio Supreme Court
978 N.E. 2d 823 (2012)

Facts

Michael Fishel, Janice Freytag, Mark Taber, and Sheila Diefenbach (collectively, the employees) (plaintiffs) worked for Frederick Rauh & Company. The employees signed agreements that prohibited them from working for competing companies for two years after their employment ended. In a later merger, Frederick Rauh was absorbed into Acordia of Ohio, LLC (Acordia) (defendant). The employees left to work for a competing company. Acordia brought suit to enforce the earlier noncompete agreements. The trial court granted summary judgment in favor of the employees, holding that the Frederick Rauh noncompete agreements had not survived the merger. Acordia appealed. Both the court of appeals and the Ohio Supreme Court affirmed. However, Acordia moved for reconsideration, which was granted.

Rule of Law

Issue

Holding and Reasoning (Lanzinger, J.)

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