ARAMARK defeats noncompetition lawsuit by former employer

Client(s) ARAMARK Uniform Services, Inc.

Jones Day represented ARAMARK Uniform Services, Inc. in a case in which the plaintiff, Cintas Corporation, claimed that Daniel Perry's employment with client violated the terms of his noncompetition agreement with Cintas, his former employer. After a three-day hearing, the plaintiff's motion for a preliminary injunction was denied. The court agreed with Jones Day's arguments that, despite the literal language of the agreement at issue, Perry could not be enjoined from continuing his employment with a competitor of Cintas because of the differences in his job duties with the respective companies and the lack of evidence of harm to the plaintiff. Jones Day subsequently moved for summary judgment and attorneys' fees on behalf of Perry, and the District Court granted both motions. The Seventh Circuit Court of Appeals affirmed the District Court in all respects and, in addition, Jones Day settled with Cintas for additional attorneys' fees incurred during the appeal.

Cintas Corp. v. Perry, No. 03 C 8404, 2004 WL 2032124 (N.D. Ill., Aug, 20, 2004)