Texas Rule of Civil Procedure 683 requires that “[e]very order granting an injunction . . . shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail and not by reference to the complaint or other document, the act or acts sought to be restrained.”

But, what happens when a plaintiff is granted an injunction that prohibits a former employee and its new employer from soliciting or contacting the plaintiff’s customers; yet, the injunction does not specifically identify those off-limit customers nor does it reference a list identifying those off-limit clients?

The answer: it may be subject to dissolution on appeal.

In McCaskill v. Nat’l Circuit Assembly, 05-17-01289-CV, 2018 WL 3154616, at *4 (Tex. App.—Dallas June 28, 2018, no pet. h.) (memo op.), the Dallas Court of Appeals dissolved, in part, a temporary injunction that prohibited a former employee and her new employer from soliciting or contacting “any client or customer” that the former employee interacted with over a five-year period or from whom the former employee obtained confidential information while employed by the plaintiff when the injunction failed to sufficiently identify the off-limit customers or clients and required the defendants to make inferences or conclusions about who the off-limit customers or clients were.

About the Author: Casey Erick

Casey Erick is a Shareholder and focuses on Commercial Litigation and Employment Law.