The Nevada Supreme Court considered whether the district court may blue-pencil an otherwise unenforceable noncompetition agreement, which included a provision authorizing the court to remedy unreasonably restrictive clauses. The Court previously held in Golden Road that a district court cannot on its own volition blue-pencil an unreasonably restrictive provision. However, the Court held that Golden Roaddoes not prohibit a district court from blue-penciling an unreasonable provision when the agreement itself allows the court to do so. Thus, the Court affirmed the district court’s order granting the preliminary injunction, because the agreement at issue had a provision that allowed for a court to blue-pencil unreasonable provisions.
Pyatt, Caitlin, "Duong, M.D. v. Fielden Hanson Isaacs Miyada Robinson Yeh, LTD., 136 Nev. Adv. Op. 87 (Dec. 31, 2020)" (2021). Nevada Supreme Court Summaries. 1372.