DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
192011P.pdf 08/17/2020 Travelex Insurance Services v. Lynn Barty
U.S. Court of Appeals Case No: 19-2011
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Colloton, Author, with Benton, Circuit Judges, and Williams,
District Judges]
Civil Case - Diversity. Travelex Insurance Services, Inc. sued Lynn Barty
for violating its agreement not to compete. The district court erred in
concluding the agreement was unenforceable, by concluding that the 2008
agreement became a nullity when Travelex was acquired Cover-More and Barty
refused to sign a new agreement as a condition of continued employment and
was terminated. We disagree that Barty's refusal to sign a new agreement
nullified the prior agreement. Barty's alternative argument that under New
York law restrictive covenants may not be enforced when an employee is
dismissed without cause, does not apply here, as the non-solicitation
agreement is not unreasonable as a matter of law.