Aya Healthcare Servs. v. AMN Healthcare, Inc., No. 20-55679, 2021 U.S. App. LEXIS 24794 (9th Cir. Aug. 19, 2021)
Both parties supply temporary nurses to hospitals. Plaintiff entered into a contract with defendant to supply nurses when defendant couldn't fill orders from its own supply of nurses. The contract contained a clause prohibiting plaintiff from soliciting defendant's employee-nurses to work for plaintiff rather than defendant. This decision holds that the non-solicitation clause is an ancillary restraint to be analyzed… Read More