Patricia J. Forte

The defendants were successful on a motion for summary judgment dismissing the plaintiff's action.

The parties could not agree on costs.

The plaintiff argued each party should bear its own costs because the defendants could have brought their motions earlier and the action was novel.

The court rejected these arguments, finding the action lacked merit and was not novel in a way that would displace the usual costs rules.

The court awarded the defendants their costs on a partial indemnity basis, fixing Murphy's costs at $37,760.38 and Goliger's costs at $46,911.91.

The plaintiff travel agency sued a former employee and her new employer for breach of a restrictive covenant, misappropriation of confidential information, and inducing breach of contract.

The defendants brought motions for summary judgment to dismiss the action.

The court found the restrictive covenant was an overly broad and unenforceable non-competition clause, as it lacked temporal limits and restricted accepting business from any of the plaintiff's clients.

The court also dismissed the claims for inducing breach of contract and breach of confidence, finding no enforceable contract existed and the information shared by the employee did not possess the requisite quality of confidence.

The defendants' motions for summary judgment were granted and the action was dismissed.