Roger Bannister was the director of technical and product development for Bemis Co. He signed a covenant

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Roger Bannister was the director of technical and product development for Bemis Co. He signed a covenant not to compete that prohibited him from working for a “conflicting organization” for eighteen months following his termination, but required Bemis to pay his salary if he was unable to find a job “consistent with his abilities and education.” Bemis terminated Bannister. Mondi Packaging, a Bemis competitor, told him that it would like to offer him a job but could not do so because of the the noncompete agreement. Bemis released Bannister from the agreement with respect to “all other companies than Mondi” and refused to pay his salary. Nine months later, Bannister accepted a position with Bancroft Bag, Inc., another Bemis competitor. He filed a suit in a federal district court against his former employer. Do these facts show a material breach of contract? If so, what is the appropriate remedy? Explain. [Bannister v. Bemis Co., Inc., 556 F.3d 882 (8th Cir. 2009)]


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Business Law Text and Cases

ISBN: 978-1111929954

12th Edition

Authors: Kenneth W. Clarkson, Roger LeRoy Miller, Frank B. Cross

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