Maizitis v. TUV America, Inc.
United States District Court for the Northern District of Ohio
Unpublished, 2007 WL 58391 (2007)
Maizitis (plaintiff), promoted to manager by TUV America (defendant), signed an employment agreement barring him from soliciting TUV's employees, vendors, or customers for two years after his employment ended; after his 2002 termination, TUV never sought to enforce the clause, which expired in 2004. In 2005, Maizitis sued TUV for contract damages, arguing he'd been compelled to enter and comply with an agreement that was contrary to public policy - not alleging any breach, and expressly disclaiming any tort or equitable claims. TUV moved for summary judgment.
Whether, where parties enter into and fully perform a contract that is contrary to public policy, a party may recover damages on the grounds that the contract was void and unenforceable.