X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In this breach-of-contract action, Safe Shield Workwear, LLC appeals a partial summary judgment order entered in favor of Shubee, Inc., in which the trial court held that four provisions of a settlement agreement between the parties were clear and unambiguous and therefore enforceable as written. Because Safe Shield did not make any arguments below against three of the provisions, we will not consider its newly-minted appellate arguments that one of these provisions was ambiguous and that the provision unduly restricted competition. Regarding the fourth provision, we agree with the trial court that the provision was unambiguous and enforceable, and that therefore no parol evidence was necessary or admissible to construe the provision. Accordingly, we affirm. Summary judgment is only proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a grant of summary judgment. Matjoulis v. Integon Gen. Ins. Corp .1

The undisputed facts show that in October 2005, Shubee sued two former employees and a company they had formed Safe Shield for breach of certain non-compete agreements and for various business interference claims. The parties resolved the dispute through a settlement agreement executed by all the parties in July 2006. Among other things, the settlement agreement restricted Safe Shield from selling certain products, from selling to certain customers, and from using certain suppliers.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

JOB DESCRIPTION SUMMARY Pulsar Title Insurance Company Inc., a commercial and residential title insurance underwriter based in the Bato...


Apply Now ›

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›