Abstract
Principles of due process remain an important constraint on courts’ power to choose law in multistate disputes. The failure of courts in some states to recognize and observe applicable due process limits on choice of law, when combined with the “iron clad” rule of Full Faith and Credit for final judgments, has led employers and employees to engage in unfortunate races to the courthouse to either evade or enforce noncompetes. As a result, noncompetes are struck down merely because the employee was the first to file suit in a favorable forum, not because a careful, constitutionally proper choice-of-law analysis led to that result.
Recommended Citation
Linehan, David A.
(2012)
"Due Process Denied: The Forgotten Constitutional Limits on Choice of Law in the Enforcement of Employee Covenants Not to Compete,"
Utah Law Review: Vol. 2012:
No.
1, Article 5.
Available at:
https://dc.law.utah.edu/ulr/vol2012/iss1/5