An en banc Pennsylvania Superior Court panel, after rehearing argument in a case of first impression, has once again invalidated a no-hire provision in the case of trucking company employees seeking jobs with a competitor.

The panel voted 7-2 to affirm a Beaver County Court of Common Pleas decision upholding a nonsolicitation provision in the contract between Pittsburgh Logistics Systems and Beemac Trucking, but denying enforcement of a no-hire provision. Last March, a split three-judge panel ruled the same way.

Judge Paula Francisco Ott, writing for the majority en banc as she did for the three-judge panel, said the court was correct to deny a preliminary injunction regarding the no-hire provision.