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In this case, Reynolds Metals Co. v. Ellis, No. 99-1787, the Ninth Circuit refused to enforce the clause.
Ms. Voigt has an exclusivity clause with the orchestra -- meaning, no other Voigt performance within 50 miles next season -- and the orchestra decided to enforce the clause after the Schubert Club announced her appearance nine days ago.
We do not decide whether the 'location clause' may be construed to prohibit a dealer, party to it, from selling through discounters, or whether General Motors could by unilateral action enforce the clause, so construed.
Most of the litigation concerning liquidated damages clauses arises in the context of an affirmative action by the party injured by breach to enforce the clause in order to recover the amount therein stipulated.
The court stated, however, that if a forum-selection clause points to a nonfederal forum, dismissal under Rule 12(b)(3) would be the correct mechanism to enforce the clause because § 1404(a) by its terms does not permit transfer to any tribunal other than another federal court.
HuffPost still knows of no cases in which a franchisee tried to enforce the clause, which many judges would likely find unreasonable anyway.
As the map shows, if a franchisee were to enforce the clause -- and if a judge were to uphold it in the case of a challenge -- a former Jimmy John's employee could effectively be run out of Chicago, Minneapolis and Denver for the purposes of deli employment.
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Judge Higginbotham filed an injunction prohibiting the NHL from enforcing the clause, effectively rendering it dead.
F-Secure, the security firm that sponsored the experiment, has confirmed that it won't be enforcing the clause.
Amazon.com tried to convince 1,300 of the workers it laid off this year to sign an agreement that included a clause to not disparage the company in return for more lucrative severance deals, but backed off from enforcing the clause under pressure from union organizers and also fear of a public reaction.
Before doing so, though, he asked Hunt to confirm that no NHS body would seek to enforce the confidentiality clause.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com