Monday, March 8, 2010

Defense Verdict for our Client in a Non-Competition case



Defense Verdict for our Client!

I am pleased to report that my partner, Ronald P. Friedberg and I won a defense verdict on behalf of our client, a physician, in a covenant not to compete case in the Cuyahoga County Court of Common Pleas. The plaintiff was a Michigan corporation providing attending physician and nurse practitioner staffing services to several nursing homes in Northeast Ohio. The Defendant was Cleveland area physician, and former employee of the Plaintiff.

The plaintiff sought 1.3 million dollars in damages, arguing it was unlawfully deprived of business and business opportunities when the defendant treated nursing home patients in facilities covered by the non-competition clause. The jury found the defendant technically breached the non-compete provision, but determined there was no causal connection between the defendant’s actions and the plaintiff’s alleged damages. Accordingly the jury returned a verdict in favor of the defendant.

If you have questions about covenants not to compete or other restrictive covenants, please feel free to me or Ron.

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