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Leonard v. Clark

2 Citing cases

  1. Legal Aid Society v. City of New York

    114 F. Supp. 2d 204 (S.D.N.Y. 2000)   Cited 88 times
    Holding that the Legal Aid Society's contractual waiver of its right to challenge the City's action, a right provided for by the National Labor Relations Act, was valid

    However, any such waiver must be made "voluntarily, knowingly, and intelligently." Marsh, 105 F.3d at 111; see Lake James Community Volunteer Fire Dep't, Inc. v. Burke County, 149 F.3d 277, 280 (4th Cir. 1998), cert. denied, 525 U.S. 1106, 119 S.Ct. 874, 142 L.Ed.2d 775 (1999); United States v. Local 1804-1, 44 F.3d 1091, 1098 n. 4 (2d Cir. 1995); Leonard v. Clark, 12 F.3d 885, 889-90 (9th Cir. 1993); Erie Telecommunications, 853 F.2d at 1094; Sambo's Restaurants, 663 F.2d at 690. Moreover, the waiver must be established by "clear and compelling" evidence.

  2. Overbey v. Mayor & City Council of Balt.

    930 F.3d 215 (4th Cir. 2019)   Cited 54 times
    Holding that "strong public interests rooted in the First Amendment" rendered a non-disparagement clause in a settlement agreement from a prior police misconduct lawsuit "unenforceable and void"

    If that were enough, no confidentiality agreement or non-disparagement provision could ever stand. See Leonard v. Clark , 12 F.3d 885, 892 n.12 (9th Cir. 1993). Instead, the proper inquiry is how much those public policy interests are impaired, if at all, based on the applicable record.