He determined that, in the case at bar, the anti-raiding purpose of the provision constituted a legitimate business interest. This suit quickly followed.Ī judge in the Superior Court concluded that the restrictive covenant at issue was enforceable. In spite of this provision, McGovern went on to hire numerous employees from his former company in breach of the restrictive covenant. The restriction was designed to prevent McGovern from "raiding" the company by targeting and soliciting key employees to work for him. The provision at issue prohibited defendant Matthew McGovern from soliciting or hiring employees from his former company for a defined period of time. At issue in the instant case is an "anti-raiding" restrictive covenant entered into between an automotive dealership group and a former executive and minority owner. The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court.īenjamin M. ĬIVIL ACTION commenced in the Superior Court Department on November 21, 2017. In the context of a civil action involving a provision in an agreement entered into by an automotive dealership group (dealership group) and the defendant, who was a former executive and minority owner of the dealership group, prohibiting the defendant for a specified period of time from hiring or soliciting for hire the dealership group's employees or encouraging such employees to leave the dealership group, this court concluded that the provision arose in a context more akin to the sale of a business than to an employment relationship, and that the provision was an enforceable restrictive covenant necessary to protect a legitimate business interest, in that, given the defendant's prior position within the dealership group, his present position as a competitor well poised to steal employees from the dealership group, and the additional consideration that he received for agreeing to the provision, the dealership group had a legitimate "anti-raiding" business interest however, this court further concluded that the trial judge abused his discretion by extending the provision in the agreement for an additional year without first finding that monetary damages could not compensate the dealership group adequately for its lost employees or that the defendant's finances were so precarious that equitable relief should be accelerated. Contract, Agreement not to compete, Performance and breach. (3) SJC-12740 14 Appellant McGovern Redacted Reply BriefĬorporation, Close corporation.(2) SJC-12740 14 AMR Auto Redacted Brief.(1) SJC-12740 02 Appellant McGovern Redacted Brief.797 OctoJanuCourt Below: Superior Court, Suffolk County Present: Gants, C.J., Lenk, Gaziano, Lowy, Budd, Cypher, & Kafker, JJ. LeeCars Saco stocks a wide inventory of used cars, trucks and SUVs to fit a variety of lifestyles and budgets.AUTOMILE HOLDINGS, LLC vs.AutoMile Motors specializes in quality used cars at great prices. Our inventory always includes affordable options for everyone, and it is refreshed weekly with fresh purchases and trade-ins. We stock everything from Subaru Outbacks to Chevrolet SIlverados and our inventory changes. As part of Lee Auto Malls, LeeCars Saco can access more than 1,000 used cars located at 19 locations throughout Maine.We can bring any used car available in our groupwide inventory to Augusta, often within 24 hours. Company Description: Automile Motors LLC is located in Saco, ME, United States and is part of the Automobile Dealers Industry. Through our Lee Credit Express program, we offer more financing options that any other used car dealer in Maine.Automile Motors LLC has 10 total employees across all of its locations and generates 923,378 in sales (USD). (Employees and Sales figures are modelled). We'll work with up to a dozen different lenders on your behalf - including exclusive options not available to other dealers - to craft the right financing package to fit your needs. As a member of the Prime Motor Group, we treat the needs of each individual. Whether you need a low downpayment, have past credit problems or have perfect credit and are looking for the lowest possible rate, we'll go to work for you to get you the car you want! It all starts with an easy online application. 754 Portland Rd, Saco (ME), 04072, United States. The landline phone number 2073916063 is registered to Automile Motors LLC in Saco, ME at 748 Portland Rd. Get started today by contacting one of our friendly sales consultants. Youll love Ira Ford Sacos solid lineup of new Ford vehicles, as well as used and certified pre-owned cars, trucks and SUVs. Explore the listing below to view the full. You could be the first review for Automile Motors.
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