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Supreme Court Of Pennsylvania Finds No-Hire Provision Between Two Businesses

To print this article, all you need is to be registered or login on Mondaq.com. The state Supreme Court agreed with the Superior Court s determination, concluding that the no-hire provision at issue is unreasonably in restraint of trade and therefore unenforceable. In its April 29, 2021, opinion,  Pittsburgh Logistics Systems v. Beemac Trucking,?A.3d?, No. 31 WAP 2019, 2021 WL 1676399 (Pa. Apr. 29, 2021), the Supreme Court of Pennsylvania weighed in on whether no-hire, or no-poach, provisions that are ancillary to a services contract between business entities are enforceable under Pennsylvania law. The court declined to hold such provisions  per se  unenforceable. Its answer for the clause at issue, however, was a resounding

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