United States Sixth Circuit

In proceedings arising from an underlying action brought against defendant for breach of a noncompetition clause contained in the parties' franchise agreement, denial of plaintiff's motion for a preliminary injunction is reversed where the district court abused its discretion when it denied the request for a preliminary injunction as: 1) it erred in applying Michigan law by concluding that the non-compete clause was ambiguous and not demonstrably reasonable; 2) it abused its discretion by giving undue comity consideration to the existence of an Ohio action; and 3) upon review of the preliminary injunction factors, plaintiff was entitled to the requested preliminary injunction.

Appellate Information

• Decided 12/17/2007
• Published 12/17/2007

Judges

• Before:  KENNEDY, MARTIN, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Gary W. Faria, Ufer & Spaniola, Troy, Michigan, for Appellant.  Michael D. Rossi, Guarnieri & Secrest, Warren, Ohio, for Appellees.   ON BRIEF:  Gary W. Faria, Ufer & Spaniola, Troy, Michigan, for Appellant.  Michael D. Rossi, Guarnieri & Secrest, Warren, Ohio, for Appellees.