The
SD Supreme Court handed down one decision this morning, holding inter alia:
- Former employee prevails in dispute over
non-compete agreement.
DT-TRAK
CONSULTING, INC. v. KOLDA, 2022 S.D. 50:
This is an intermediate appeal from the trial court’s ruling on
cross-motions for summary judgment in regard to Plaintiff Employer’s action to
enforce a non-compete agreement.
The trial court had denied both motions, holding that there were
sufficient facts to allow the case to proceed before a jury. The SD Supreme Court reversed and remanded,
holding that the employee should have received a favorable summary judgment on
Counts 1, 2, and 4. The Court also notes
that Plaintiff Employer “is no longer seeking relief under Count III
of its Complaint.” This decision is unanimous
(5-0) with opinion authored by Justice Kern.
NOTE: We are told in¶2 of the opinion that
Plaintiff Employer is a “medical consulting firm and independent
contractor”
that “provides consulting services to hospitals and other medical
providers, such as medical coding, compliance auditing, billing, medical
staffing, workflow analysis, and other support services. DT-Trak alleges that
it provides its services throughout the United States; specifically, that it
has active contracts with clients in 19 states and potential clients or pending
bids for clients in several other states.”
This
decision may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
