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Nitro-Lift Technologies, L.L.C. v. Lee

Articles Discussing Case:

Non-Competes Pay a Rare Visit to the U.S. Supreme Court

Fisher Phillips • November 29, 2012
This week, the U.S. Supreme Court issued a ruling in a non-compete case -- a type of dispute that rarely finds its way to the high court. See Nitro-Lift Technologies v. Lee, 568 U.S. --- (2012). The issue that brought this case to the Court was arbitration, a topic the high court has ruled on a number of times in recent years. The Supreme Court reaffirmed what most employers have believed for quite some time: if you include an arbitration clause in your employment agreement, you can count on being able to enforce the agreement to arbitrate.

U.S. Supreme Court Enforces Arbitration Clause in Non-Compete Agreement

Franczek Radelet P.C • November 28, 2012
In the latest of a long line of decisions favoring arbitration, the United States Supreme Court has overturned a decision of the Oklahoma Supreme Court invalidating a non-compete agreement that contained a binding arbitration clause. The United States Supreme Court reasoned that by declaring the non-competition agreements null and void, rather than leaving that decision to a private arbitrator in the first instance, the Oklahoma Court ignored the basic tenets of the Federal Arbitration Act (FAA) that expresses a national policy favoring arbitration.