Virginia Supreme Court Reverses Dismissal of Non-Compete Case, Emphasizing Need for Case-by-Case Analysis

In Assurance Data, Inc. v. John Malyevac, No. 121989 (Sept. 12, 2013), the Supreme Court of Virginia held that the Fairfax County Circuit Court had been too quick to rule on the enforceability of a covenant not to compete, reversing the court’s dismissal of the employer’s complaint and remanding the case to the trial court. This ruling signals an important shift in the procedural and strategic landscape surrounding non-compete agreements in the Commonwealth, as the court has effectively limited a frequently used device for challenging and disposing of non-compete claims early in litigation.