The defendants moved under Rule 21.01 to determine a question of law regarding the enforceability of non-competition and non-solicitation clauses in agency agreements.
The plaintiff argued the motion was improper as enforceability requires assessing the factual matrix and circumstances of negotiation.
The court agreed with the plaintiff, dismissing the motion on the basis that a full evidentiary record was necessary to assess the context of the commercial agreements and whether the clauses were mutually negotiated.
