Rethinking Restrictive Covenant Enforceability In Ill.

Law360, New York (October 23, 2009, 2:20 PM EDT) -- In advising against the blind application of legal doctrines, Justice Oliver Wendell Holmes wrote that “[i]t is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV.” O.W. Holmes, The Path of the Law, 10 Harv. L. Rev. 457, 469 (1897).

In this spirit, an Illinois appellate court recently re-examined and rejected over 30 years of well-established precedent regarding the enforceability of restrictive covenants.

In doing so, the court either isolated itself...
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