Hopper v. All Pet Animal Clinic
Wyoming Supreme Court
861 P.2d 531 (1993)
Dr. Hopper (defendant) signed a covenant not to compete barring her from practicing small-animal veterinary medicine within five miles of Laramie for three years after leaving All Pet Animal Clinic (plaintiff); after her employer terminated her upon suspecting she planned to buy a competing practice, she opened her own practice and drew away 187 clients, with over half her income coming from small-animal work. All Pet and Alpine Animal Clinic (plaintiff) sought an injunction and damages; the trial court granted the injunction but denied damages as too speculative, and all parties appealed.
Whether an employer seeking to enforce a covenant not to compete bears the initial burden of proving the covenant is reasonable and necessary to protect its business interest.