A Radical New View Of Restrictive Covenants In Ill.

Law360, New York (January 26, 2012, 2:13 PM EST) -- In December 2011, the Illinois Supreme Court issued its much-anticipated ruling in the case of Reliable Fire Equipment Co. v. Arredondo, No. 111871 (Dec. 1, 2011), and fundamentally changed the way restrictive covenants will be analyzed by Illinois courts.

Decision

The court ruled that to determine whether there is a protectable interest to support a restrictive covenant, courts must focus on the “totality of the facts and circumstances of the individual case.”

This test puts a greater amount of discretion in the hands of lower court...
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