Plaintiff brings an action for a declaratory judgment arguing that he/she has fulfilled certain contractual duties and is now free from a non-competition restriction placed upon him/her in the contract.
Maryland Complaint For Declaratory Judgment Of Validity of Separate Noncompetition Agreements
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US-000288
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How to fill out Complaint For Declaratory Judgment Of Validity Of Separate Noncompetition Agreements?
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FAQ
In the US, blue penciling commonly refers to the practice of modifying, narrowing, or deleting an unenforceable contract or contractual provision so that the remainder of the agreement is enforceable. It is often used by courts adjudicating challenges to restrictive covenants.
Under Maryland law, covenants not to compete are enforceable only if they are reasonable in duration, geographic scope, and type of activities restricted.
The ?Blue Pencil? Doctrine If a court finds that there is overbroad language in a non-compete agreement, such as an overbroad geographic limitation, it may resort to ?blue penciling? the non-compete agreement in an effort to salvage it.
If a pleading to which an answer is permitted is so vague or ambiguous that a party cannot reasonably frame an answer, the party may move for a more definite statement before answering. The motion shall point out the defects complained of and the details desired.
While the majority of states allow their courts to use the blue pencil contract law under reasonable circumstances, three prohibit its use, and some have unclear guidance.
The blue pencil doctrine gives courts the authority to strike unreasonable clauses from a non-compete agreement, leaving the rest to be enforced, or actually to modify the agreement to reflect the terms that the parties originally could have and probably should have agreed to.