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O'Hara v. Globus Med., Inc.

STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT
Nov 3, 2014
NO. 2014 CW 1436 (La. Ct. App. Nov. 3, 2014)

Opinion

NO. 2014 CW 1436

11-03-2014

PATRICK O'HARA AND WALLACE SCHAEFER v. GLOBUS MEDICAL, INC. AND VORTEX SPINE, LLC


In Re: Patrick O'Hara and Wallace Schaefer, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 630148.

BEFORE: KUHN, PETTIGREW AND WELCH, JJ.

WRIT GRANTED IN PART; STAY GRANTED. The district court erred in determining that the validity of the no competition and nondisclosure agreements ("NCND agreements") executed by plaintiffs, Patrick O'Hara and Wes Schaefer, is governed by Pennsylvania law rather than Louisiana law. See La. Civ. Code art. 14 and La. R.S. 23:921(A)(2) and 23:921(C). We grant plaintiffs' writ application in part and remand this matter for the district court to determine the validity of these agreements pursuant to Louisiana law. While the district court's determination is pending, the following paragraphs of the "Agreement" section of the September 29, 2014 Amended Order of Preliminary Injunction are stayed: Paragraph 1 (addressing the terms of the No Competition Covenant contained in the NCND agreements), Paragraph 2 (addressing the terms of the No Solicitation Covenant contained in the NCND agreements), Paragraph 4 (enumerating doctors/entities that would not be solicited or contacted by plaintiffs), and Paragraph 6 (addressing the time period in which the consent preliminary injunction would remain in effect). In all other respects, the writ is denied.

JEW

JEK

JTP

COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT


Summaries of

O'Hara v. Globus Med., Inc.

STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT
Nov 3, 2014
NO. 2014 CW 1436 (La. Ct. App. Nov. 3, 2014)
Case details for

O'Hara v. Globus Med., Inc.

Case Details

Full title:PATRICK O'HARA AND WALLACE SCHAEFER v. GLOBUS MEDICAL, INC. AND VORTEX…

Court:STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT

Date published: Nov 3, 2014

Citations

NO. 2014 CW 1436 (La. Ct. App. Nov. 3, 2014)