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Rogers v. Runfola & Associates, Inc.

Ohio Supreme Court

565 N.E.2d 540 (1991)

Relevant factsFree

Rogers and Marrone (plaintiffs), court reporters, signed employment contracts with Runfola (defendant) containing covenants not to compete for two years anywhere in Franklin County and never to solicit Runfola's clients. After working there over a decade, they left to start their own competing court-reporting business. They sued to have the covenants declared unenforceable for insufficient consideration; Runfola sought an injunction and damages estimated at over $100,000. The trial court found the covenants unenforceable, and Runfola appealed, while Rogers and Marrone continued operating their business for two years before the case reached the Ohio Supreme Court.

IssueFree

Whether a court may modify an overly broad covenant not to compete and then enforce the newly created, reasonable version.

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