Sogeti v. Scariano
United States District Court for the District of Arizona
606 F. Supp. 2d 1080 (2009)

- Written by Sean Carroll, JD
Facts
Christian Martinez (defendant) worked for Software Architects, Inc. (SARK). Martinez signed an employment contract that included a noncompetition clause. The agreement did not contain any language regarding its assignability. Sogeti USA LLC (Sogeti) (plaintiff) acquired SARK. After this acquisition, Martinez terminated his employment and went to work for Neudesic, LLC (defendant). Sogeti brought suit, asserting that Martinez violated the noncompetition agreement by going to work for Neudesic. The defendants filed a motion to dismiss on the ground that Sogeti could not enforce the noncompetition agreement, because Sogeti was not a party to the agreement and the agreement was not validly assigned to it.
Rule of Law
Issue
Holding and Reasoning (Silver, J.)
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