The Third Circuit upheld a district court finding that Nebraska law prohibiting contracts that prevent ordinary competition controlled the non-compete contracts that the Highbys signed with Cabela’s and they were free to start an outdoor store. Cabela’s had argued that Delaware law should apply because that was in the contract, but the appeals court ruled that Nebraska law prevailed because virtually all the substantive actions between the parties took place in the Cornhusker state. It also upheld the district court’s denial of a preliminary injunction that would have stopped Highby, saying the damage to Cabela’s was minimal while the damage ... Log in to view full article.