Restrictive Covenants

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Flow Control, Inc., etc. v. Herron Valve, etc.

The New Jersey Court of Appeals concludes that the trial court mistakenly let the jury determine the reasonableness of the covenants restrictions as well as the post-employment period for which the covenant should be enforced.

On remand the judge should apply the Solari three-part test and determine whether the covenant was reasonable under the circumstances.

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