Dan Frith

The last case we will discuss in this series of Virginia court decisions on non-compete contracts and physicians comes from the Virginia Supreme Court. The case, Greenbrier Obstetrics and Gynecology v. Zenette Moore Leao,MD, was decided January 9, 2009. Dr. Leao entered into a 3 year employment contract with Greenbrier,…

The Roanoke Valley is again the location of the next important physician non-compete case in Virginia. The case, Carilion Healthcare v. William Ball, was decided by the Roanoke County Circuit Court in 2001. Carilion is western Virginia’s 800 pound healthcare gorilla and began purchasing local medical practices in order to…

The Circuit Court of Fredericksburg (VA) decided the next important Virginia case involving doctors and non-compete contracts. The case, decided in 1998, was Clara Belle Wheeler v. Fredericksburg Orthopedic Associates and Mid-Atlantic Health Alliance.Dr. Wheeler (an orthopedic surgeon) and medical practices entered into a written employment agreement for a 12…

The next important decision by a Virginia court on the legality and enforceability of a physician’s non-compete comes from my hometown of Roanoke, VA. The case was called Drs. Blum Newman, Blackstock & Associates, Optometrists v. Timothy Jessee, MD and was decided in 1997.Dr. Jessee (the defendant), an optometrist resigned…

The employee worked as an account executive for an insurance broker. He signed a non-compete agreement which provided as follows:For a period of two years following termination of employment, employee shall not:(i) On behalf of himself, another insurance company and/or agency, directly orindirectly, seek to induce, promote, facilitate, solicit, quote…