Thursday, March 02, 2006, 3/02/2006 08:18:00 AM

"Improper, Redundant, Impertinent, Immaterial, and Prejudicial" = Persuasive

By Todd
The United States District Court for the District of South Carolina in Dove Data Products, Inc. v. Murray, 2006 WL 463588 (February 23, 2006 D.S.C.) decided that a former employer seeking to enforce a noncompete covenant against a former employee salesperson was not entitled to a preliminary injunction.

Of interest in the reported decision is footnote one concerning the affidavit of a former regional manager of the plaintiff. He apparently submitted it to assist the defendant, presumably somebody that used to work for or with the affiant. Data Dove Products objected to it on grounds that it was "improper, redundant, impertinent, immaterial, and prejudicial." Editors' Note to Readers: anytime you see another lawyer argue all of these things at one time about a single affidavit, you know that affidavit works really well and is persuasive. Probably was the case here, too, because the court denied the motion to strike the former regional manager's affidavit and denied the motion for a preliminary injunction.


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