Assurance Data, Inc. v. Malyevac, 286 Va. 137, 747 S.E.2d 804 (Sept. 12, 2013)

September 12, 2013

Record No: 121989

(As published by the Virginia Supreme Court)
In an employer’s action to enforce certain provisions of an employment agreement restraining competition by a former employee, in sustaining a demurrer the circuit court improperly resolved the employee’s challenge to the enforceability of the restraints on competition, short-circuiting the litigation. Because a demurrer cannot be used to decide the merits of a claim, the circuit court’s judgment is reversed and the case is remanded for further proceedings.

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