203061P.pdf   08/24/2021  Cara Miller  v.  Honkamp Krueger Financial
   U.S. Court of Appeals Case No:  20-3061
                          and No:  20-3081
                          and No:  20-3400
   U.S. District Court for the District of South Dakota - Western   
   [PUBLISHED] [Erickson, Author, with Shepherd and Kobes, Circuit Judges] 
   Civil case - Contracts. The district court erred in granting defendant's 
   motion for a preliminary injunction enforcing the non-competition 
   provisions in plaintiff's employment contract; when plaintiff terminated 
   the parties' Employment Agreement, the non-competition provision became 
   inoperable; as defendant is unlikely to prevail on the merits of its 
   breach of contract claims with respect to the non-competition provision, 
   the district court erred in enjoining plaintiff from violating that 
   provision; with respect to the non-solicitation provision in plaintiff's 
   contract, South Dakota law applies under the agreement's choice-of-law 
   provision, and South Dakota prohibits such provisions in so far as they 
   prevent a former employee from accepting unsolicited business; the 
   district court erred in entering an injunction enforcing the provision.