Case Study: The Perfect Diamond Baseball Academy

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The overall issue is whether Perfect Diamond Baseball Academy (“PDBA”) can enforce a noncompete agreement, on the ground that it has a legitimate business interest (“LBI”) in its training regimen provided to newly hired employees. Pursuant to West’s Florida Statutes Annotated § 542.335 (West 1996), a court shall not enforce a restrictive covenant unless it is set forth in a “writing signed by the person against whom enforcement is sought.” Fla. Stat. Ann. § 542.335 (West 1996). This requirement has clearly been met, because our firm’s client, Peter LaFleur (“LaFleur”), willingly signed an employment contract with PDBA. Moreover, the person seeking enforcement of a restrictive covenant “shall plead and prove the existence of one or more business

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