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Maizitis v. TUV America, Inc.

United States District Court for the Northern District of Ohio
Unpublished, 2007 WL 58391 (2007)


Facts

Maizitis (plaintiff) was promoted to manager by TUV America, Inc. (TUV) (defendant). The parties signed an employment agreement that included a provision barring Maizitis from soliciting employees, vendors, or customers of TUV for a period of two years after his employment ended. On May 22, 2002, Maizitis’s employment was terminated. Maizitis alleged that his belief in the validity of the non-solicitation provision impacted his later employment. TUV never sought to enforce the provision, and it expired in May 2004. Maizitis filed an action against TUV in February 2005, seeking contract damages on the grounds that he had been compelled to enter into and comply with an agreement that was contrary to public policy. Maizitis did not allege any breach of the contract, nor did he present any tort claims or requests for equitable relief. TUV moved the trial court for summary judgment, which the court considered.

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Issue

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Holding and Reasoning (O’Malley, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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