BrightView Landscape Development, Inc. v. Howard
1:25-cv-00240
| D. Idaho | May 8, 2025Background
- BrightView Landscape Development, Inc. sued its former employee, J. Philip Howard, alleging breaches of a Confidentiality and Non-Solicitation Agreement.
- Howard allegedly solicited BrightView employees and customers for his new employer, KirbyCo, and disclosed confidential information.
- BrightView requested a temporary restraining order (TRO) to prevent further breaches, require return of confidential materials, and preserve evidence.
- The Agreement is governed by Pennsylvania law, with covenants restricting solicitation of customers (2 years) and employees (1 year), and non-disclosure of confidential information indefinitely.
- The Court evaluated whether BrightView was entitled to a TRO to maintain the status quo before a hearing on a preliminary injunction, scheduled for May 19, 2025.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of Restrictive Covenants | Covenants supported by consideration, reasonable in scope. | Not fully detailed in opinion. | Covenants likely valid and enforceable under PA law. |
| Breach of Contract | Howard solicited employees/customers and disclosed confidential info. | Not fully detailed in opinion. | BrightView provided evidence of likely breach. |
| Irreparable Harm | Loss of employees, customers, goodwill, hard to quantify. | Not fully detailed in opinion. | Irreparable harm shown (supports TRO). |
| Scope of TRO | Sought comprehensive order including return of confidential material. | Not fully detailed in opinion. | TRO granted in part; return of confidential material not ordered at this stage. |
Key Cases Cited
- Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7 (standard for preliminary injunctions and TROs; requires likelihood of success and irreparable harm)
- Stuhlbarg Int’l Sales Co. v. John D. Brush & Co., 240 F.3d 832 (9th Cir. 2001) (standards for injunctions, irreparable harm includes loss of goodwill)
- Rent-A-Center, Inc. v. Canyon Television & Appliance Rental Inc., 944 F.2d 597 (9th Cir. 1991) (irreparable harm from loss of employees/customers and business reputation)