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Zarwin Attorney Defeats TRO Motion

August 19, 2014

David McComb successfully defeated a motion for a Temporary Restraining Order in federal court in Philadelphia which had been filed against our client, a manufacturer of medical devices. Our client had hired a salesperson who was subject to a noncompetition agreement with a former employer. We took the position that the products of the two companies didn’t directly compete with each other but the former employer disagreed and filed suit. In opposing the request for a Temporary Restraining Order, we argued that such a motion can be granted only where there is a threat of immediate harm. The court agreed and concluded that there was no showing of immediate harm because the former employer had waited a month to bring suit and the competitive overlap between the companies ‘products was not clear.  The Court’s ruling is consistent with other cases decided by the federal court in Philadelphia in holding that TRO’s are limited to those situations where the harm sought to be remedied will be immediate in effect, i.e. within days. A party waiting longer than that to file suit does so at its own risk. 

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