Quimbee logo
DMCA.com Protection Status

Jet Courier Service v. Mulei

771 P.2d 486 (1989)

Case BriefRelatedOptions
From our private database of 33,800+ case briefs...

Jet Courier Service v. Mulei

Colorado Supreme Court

771 P.2d 486 (1989)

Facts

Jet Courier Service, Inc. (Jet) (defendant) was primarily engaged in transporting canceled checks for its client banks to facilitate the checks’ rapid processing through the banking system. Jet was based in Cincinnati, Ohio, and hired Anthony Mulei (plaintiff) to open an office in Denver, Colorado. Jet gave Mulei the title of vice president and general manager of its western zone, and the parties entered into a written employment agreement that included a two-year covenant not to compete and that provided Mulei with a salary plus a bonus based on the western zone’s profitability. Despite Mulei’s repeated demands, Jet did not pay the required percentage of net profits. Dissatisfied with the unresolved bonus situation and with what he perceived to be intrusions on his managerial authority, Mulei began to form a new courier service that would compete with Jet. While continuing to profitably operate Jet’s western division, Mulei spoke with current Jet employees and customers about joining the new venture and formed a corporation of which he was elected president. Jet terminated Mulei’s employment upon learning that Mulei had formed a competing venture, at which point Mulei caused the new business to begin operations. Five of Jet’s client banks then became customers of Mulei’s new business, and numerous Jet employees and contractors joined Mulei as well. Mulei filed suit against Jet, seeking to invalidate the covenant not to compete. Jet counterclaimed, arguing that Mulei’s activities in furtherance of the new business while employed by Jet breached his duty of loyalty. The trial and appellate courts found that Mulei did not breach the duty of loyalty because he did not actually begin competing with Jet until after his employment was terminated. Jet appealed.

Rule of Law

Issue

Holding and Reasoning (Lohr, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 605,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 605,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 605,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,800 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership