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From: wetcw@pyuxa.UUCP (T C Wheeler)
Newsgroups: net.ai,net.legal
Subject: Re: Non-competition clauses (The Doctor)
Message-ID: <710@pyuxa.UUCP>
Date: Tue, 24-Apr-84 15:27:53 EST
Article-I.D.: pyuxa.710
Posted: Tue Apr 24 15:27:53 1984
Date-Received: Thu, 26-Apr-84 01:13:40 EST
Organization: Bell Communications Research, Piscataway N.J.
Lines: 34

References: <386@opus.UUCP> hao.932, <243@mb2c.UUCP>
In reference to the Doctor in Boulder.

The Doctor had joined a practicing group in a clinic.  He did
indeed sign a contract which contained a clause which said that
if he left the clinic, he would be unable to practice in the
county in which Boulder is in.

It seems that after several years, the administrator of the
clinic (not a Doctor) decided that Doctor X was not bringing
in enough cash to the group.  The Doctor was warned that he
would have to increase his patient load to bring his revenues
up to what they thought it should be.  The Doctor refused to
compromise his patients care by giving them less time.  After
a standoff, the administrator and the other Doctors told Doctor
X he would have to leave the clinic.

The crux of the problem was that he did not leave on his own, but
was asked to leave and therefor believed that the non-comp
clause invalid.  He opened an office in Boulder.  Many on his
former patients followed him, much to the displeasure of the
clinic crowd.  The clinic then decided to go to court.  They
won in court so that Doctor X had to move his practice out of the
county.  The patients still followed him.  

I think that this case is working its way up to the Supreme
Court.  The whole affair was aired last year on TV.  The
clinic crew and their administrative lackey came off in a
very bad light.  They were arrogant and seemed self serving
to the nth degree.  I hope Doc X wins in the final analysis.
In the meantime, there was a time-limit clause in the contract
which lapses sometime soon.
T. C. Wheeler