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Civil Practice – Necessary Party – Personal Jurisdiction – Labor & Employment – Covenant Not to Compete

By: Teresa Bruno, Opinions Editor//September 9, 2016//

Civil Practice – Necessary Party – Personal Jurisdiction – Labor & Employment – Covenant Not to Compete

By: Teresa Bruno, Opinions Editor//September 9, 2016//

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Gritzuk v. GCA Education Services, Inc. (Lawyers Weekly No. 002-169-16, 6 pp.) (Patrick Michael Duffy, J.) 2:16-cv-01076; D.S.C.

Holding: Full adjudication of plaintiff’s action, which seeks a declaratory judgment that he may work for a competitor of his former employer without violating restrictions in his employment and stock option agreements, would require the joinder of a party over whom this court lacks personal jurisdiction. However, plaintiff is subject to the jurisdiction of a court in Tennessee where there is an action pending that involves the same issues as this one.

Plaintiff’s declaratory judgment action is dismissed based on this court’s inability to afford plaintiff complete relief and the Tennessee court’s ability to adjudicate all claims simultaneously.

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