Evergreen Intern. Airlines, Inc. v. Asiana Airlines

1 Citing case

  1. Chicago Title v. Magnuson

    487 F.3d 985 (6th Cir. 2007)   Cited 109 times   1 Legal Analyses
    Finding a five-year covenant not to compete was reasonable for at least two years

    Although this case involves services rather than a sale of goods, the lost volume seller theory extends to service providers in a number of jurisdictions, and there is no indication that the Ohio Supreme Court would hold otherwise.See Evergreen Int'l Airlines, Inc. v. Asiana Airlines, 136 Fed.Appx. 95, 97 (9th Cir.2005); Gianetti v. Norwalk Hosp., 266 Conn. 544, 833 833 A.2d 891, 897, 897 (2003). Furthermore, Magnuson and First American do not dispute that Chicago Title could be considered a lost volume seller even though it provides only services and not goods.