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Workers' Compensation Recovery6/8/2004
ited BHS's business for herself. The complaint and Johansen's affidavit also state that BHS cancelled its business with WCR because of Marvin's actions. By granting the injunction, WCR was given the opportunity to fairly compete with Marvin for six months in an effort to convince BHS to work with WCR. Without an injunction, Marvin would be allowed to profit from her alleged wrongdoing by securing BHS's business while still working at WCR. Because this is the type of injury that cannot be remedied with monetary damages, we conclude that the district court did not abuse its discretion in concluding that WCR established irreparable harm and inadequacy of its legal remedy.
II.
Marvin argues that the district court's factual findings are inadequate because they were "an almost verbatim adoption of WCR's proposed findings," a practice criticized by this court in Bliss v. Bliss, 493 N.W.2d 583, 590 (Minn. App. 1993) (recognizing that while verbatim adoption of a party's proposed findings and conclusions of law is not reversible error per se, the practice "raises the question of whether the [district] court independently evaluated each party's testimony and evidence"), review denied (Minn. Feb. 12, 1993). When applying the Dahlberg factors, "the district court must make findings sufficient to permit meaningful appellate review." Edina Cmty. Lutheran Church v. State, 673 N.W.2d 517, 523 (Minn. App. 2004) (quotation omitted).
It is true that the district court adopted verbatim the request in WCR's motion that Marvin be enjoined from (1) conducting business with BHS for six months, (2) assisting others in conducting business with BHS for six months, and (3) misrepresenting her employment status with WCR to BHS. But because the record contains no evidence that WCR submitted any proposed findings, this case is distinguishable from Bliss. Therefore, because the district court independently evaluated the evidence and its findings are sufficient to permit meaningful review, we conclude that the district court did not abuse its discretion by incorporating WCR's requested relief into its conclusions of law.
III.
Marvin argues that the court violated Minn. R. Civ. P. 65.04 because the August 15 injunction order did not contain a specific application of the Dahlberg factors, but rather referred to its previous analysis in the May 28 order granting the TRO. Rule 65.04 provides that " very order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained...."
Here, the district court's August 15 order sets forth specific facts supporting the issuance of the injunction, including that Marvin (1) "breached her duty of loyalty" and her "fiduciary duty" to WCR, (2) the "facts as currently shown support an inference that [Marvin] solicited BHS to discontinue its relationship with and to do business with [Marvin's] company," (3) "issuance of a[n injunction, like issuance of the TRO, is] necessary in order to preserve the status quo," and that " o new evidence has been presented to persuade the Court that a preliminary injunction should not issue based on the evaluation of the above-listed Dahlberg factors."
Additionally, the court's August 15 order describes in reasonable detail the acts sought to be restrained. The court explains that Marvin is enjoined as follows:
a. From doing or conducting any business similar to or competitive with the business of with BHS for a period of six months.
b. From providing any assistance or in
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