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Holeman V. National Business Institute

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eBook details

  • Title: Holeman V. National Business Institute
  • Author : Texas Court of Appeals
  • Release Date : January 03, 2002
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

In this case we address the enforceability of a forum selection clause in the context of a challenge to a covenant not to compete. Appellant, J. Eric Holeman, sued his former employer, The National Business Institute, Inc. ("NBI"), seeking a declaration that a covenant not to compete in a contract between them was unenforceable and alleging that NBI tortiously interfered with his subsequent employment. NBI moved to dismiss Holeman's suit based on the contract's forum selection clause, which provided that claims arising out of the contract would be litigated in Georgia. Holeman contends the trial court erred in granting NBI's motion to dismiss because: (1) the enforcement of a forum selection clause in a contract containing a covenant not to compete violates Texas public policy; (2) there was no consideration for the contract; and (3) the interests of the witnesses and public favor a Texas forum. We affirm.


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