LARS  LIEBELER  PC

Case Study

 

After a nine-day trial, a Montgomery County Maryland jury found that a business executive had committed a technical violation of his non-compete agreement. But the jury also found that the violation had not harmed any party or caused any damage; the jury found that no damages should be awarded. Despite the jury’s finding, the trial court entered a large attorney fee award against the executive at the conclusion of the trial.

Mr. Liebeler immediately filed an appeal on behalf of the executive, arguing that a finding of no damages precluded the trial court from awarding attorneys fees under controlling law. After briefing and oral argument before the Maryland Court of Special Appeals, the court issued an extensive opinion reversing the lower court and dismissing the attorney fee award.The Court also engaged in an extensive analysis of the terms of the non-compete agreement and found that it was so broad as to be unenforceable under Virginia and Maryland law. Finally, the court affirmed the jury’s findings in favor of the executive on other counterclaims in the suit.

 

The Court also engaged in an extensive analysis of the terms of the non-compete agreement and found that it was so broad as to be unenforceable under Virginia and Maryland law. Finally, the court affirmed the jury’s findings in favor of the executive on other counterclaims in the suit.

 

Click here to read the opinion of the Maryland Court of Special Appeals.

 

Principles
 

• The appellate process is a game of chess: intellectually rigorous, strategic, rule-intensive.

• Identifying specific outcome-determinative issues to increase chances of affirmance or reversal on appeal is based on comprehensive and careful legal research and a thorough mastery of the trial court record.

• Appellate arguments before demanding and probing courts such as the U.S. Court of Appeals for the D.C. Circuit require experienced appellate counsel.

• Lars Liebeler PC attorneys are admitted to the U.S. Supreme Court, the U.S. Court of Appeals for the D.C., Federal, and 4th Circuits in addition to the highest state courts in Virginia, Maryland, and the District of Columbia.