A Trenton, New Jersey, federal judge has denied a motion by Heartland Payment Systems to dismiss a former employee’s suit seeking to invalidate nonsolicitation provisions in his employment agreement as unenforceable.

Heartland moved to dismiss the declaratory judgment suit for lack of subject-matter jurisdiction, claiming the case presented no actual controversy because its former employee, Lawrence Bradfield, said he did not intend to violate the nonsolicitation provisions.

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