Employment & Labor Law
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Marx v. Clear Channel Broadcasting, Inc.
29 Fla. L. Weekly D2286 (Fla. 4th DCA October 13, 2004)
This case involves the rights of the parties in a non-compete provision in an employment contract. The radio personality signed a non-compete agreement with Fairbanks. Fairbanks subsequently sold the station to defendant-radio station (Clear Channel). Plaintiff, personal representative of a prominent radio personality, brought suit against defendant-radio station for interference with prospective advantage. The trial court granted summary judgment in favor of defendant-radio station holding that the non-assignability clause in the contract was ambiguous. The 4th DCA reversed finding the non-assignability clause to be unambiguous. The applicable clause reads:
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