Latest Case: American Consulting, Inc. v. Hannum Wagle & Cline Engineering, Inc. (Contracts)

The Problem of Evil and Free Will

SHERRY F. COLB

Cornell law professor Sherry F. Colb reflects on why, if God is all-knowing, all-powerful, and benevolent, there is still evil in the world. Colb argues that one common answer—free will—does not truly resolve that question.

Read More

American Consulting, Inc. v. Hannum Wagle & Cline Engineering, Inc.

Docket: 18S-PL-437

Opinion Date: December 18, 2019

Judge: Steven H. David

Areas of Law: Contracts, Labor & Employment Law

The Supreme Court affirmed the trial court's judgment in this action by an employer against several of its former employees and their new employer for alleged violations of the former employees' noncompetition and non-solicitation agreements, holding that the liquidated damages provisions in the employees' contracts were unenforceable and that there remained an issue of material fact precluding summary judgment as to the employer's tortious interference claims. The employer in this case brought claims against its former employees, including tortious interference with a contractual relationship and breach of contract claims. The trial court (1) granted summary judgment for the former employees on the issue of liquidated damages, finding that the liquidated damages provisions in the employees' contracts were unenforceable as a matter of law; and (2) found that there were issues of material fact regarding precluding summary judgment on the breach of contract claim. The Supreme Court affirmed, holding (1) the liquidated damages provisions were unenforceable penalties; and (2) an issue of material fact remained as to the employer's tortious interference with a contractual relationship claim.