The judge’s analysis of the issues is very thorough, and the opinion provides a good template for how to think about these cases.
As the judge himself noted in his 15-page Opinion, this is not a “run-of-the-mill” employment dispute. Jude for 16 years, and reached the highest levels of the company’s management, reporting directly to the company’s President-CEO.
Jude’s legitimate interests; and the Agreement was obtained by fraud. Jude’s request for a temporary restraining order under the five factors established by the Minnesota Supreme Court in its decision in factors is, of course, the third: the likelihood of success on the merits.
It was here that the Court was able to consider each of Mc Cullough’s arguments in detail.
Jude everything that it wanted however; finding that Mc Cullough’s active participation in St. Jude confidential information) had ended in October 2009, he started the one-year clock ticking from that date, rather than from the May 2010 resignation date that St. In the end, Judge Monahan did a very fine job of analyzing the facts of this particular case under Minnesota law.