Preview:

DISTRICT OF MAINE

AMERICAN EXPRESS FINANCIAL )
ADVISORS INC. AND IDS LIFE )
INSURANCE COMPANY, )
)
PLAINTIFFS )
)

v. ) CIVIL NO. 03-17-P-H
) WILLIAM TEMM, MICHAEL REID, ) BRUCE SAWYER AND ANDREW ) STICKNEY, )
)
DEFENDANTS )


ORDER ON MOTION FOR TEMPORARY RESTRAINING ORDER
The four defendants were employees, then independent contractors, then
franchisees of American Express Financial Advisors Inc.1 They have now left that
organization and have gone to a competitor. American Express seeks a temporary
restraining order to stop the defendants from having access to their former
customers or using a former telephone number.2 The agreement in question is
subject to NASD arbitration, but American Express seeks injunctive relief prior to
that arbitration. The four part test is well known.
1 After becoming an independent contractor, the defendant Bruce Sawyer transformed his affiliation
with American Express back to an employee and then to a franchisee. Compl.

Download DBH_01222003_2-03cv17_AMERICAN_EXPRESS_V_TEMM.pdf

Maine Law