united-states non-compete
What to file (in ID) to pre-emptively dismiss out of state (AZ) non-compete
<p>I live in ID and have an old non-compete with a former client in AZ. I have an attorney handling the matter there. <em>I want to preemptively fight it here too since the former client has issued a very threatening cease and desist letter in behalf of their client.</em></p>
<p>I am doing searches on Rocket Lawyer and other places for such a form but all they present is templates for a non-compete. Obviously I need to know the correct name of the instrument I am supposed to look for so that I can finally get successful search results.</p>

<p>It is possible to file a lawsuit called a declaratory judgment action to determine the validity of a contract when this is disputed.</p>
<p>Often the non-compete would contain express terms stating which state's law would apply and in which court lawsuits could be commenced. In the absence of such a clause, the determination of which state's law and which forum is appropriate would be highly fact specific and is not easy to determine in the abstract.</p>
<p>If the work was done in AZ and then you moved to ID later, an AZ court (either state or under federal diversity jurisdiction) would be appropriate in most cases and AZ law would probably apply. You could be sued in ID in that case, but you probably couldn't initiate a lawsuit yourself in ID against the AZ client.</p>
<p>Procedural matters are generally governed by the law of the forum. In the absence of an express contractual agreement to the contrary, substantive maters are generally governed by the law of the state with the most significant connection to the dispute.</p>
<p>Also, to be clear, actually bringing a declaratory judgment action, as opposed to taking no action and waiting to see if the other side will actually sue, is often a better course of action. But, you and your attorney can confer to decide that.</p>
<p>Finally, a declaratory judgment action is not something that anyone should ever try to file without a lawyer.</p>
