Dan Frith

The next important decision by a Virginia court on the legality and enforceability of a non-compete contract arises from a 1996 decision in Loudon County, VA, Joseph Statkus v. Loudoun Anesthesia Associates, LLC.In 1994, Dr. Statkus joined with four other physicians to form a company known as Loudoun Anesthesia Associates…

The next important court decision analyzing the legality of a physician’s non-compete contract comes from the Circuit Court of Virginia Beach in the decision, A. J. Alexander v. Kandarp Shah, MD, PC, decided in 1995.The plaintiff was employed by the defendant medical practice as a gastroenterologist, pursuant to a written…

The City of Norfolk Circuit Court provides the next physician non-compete case of interest. The case, Denton Weiss v. E.V.M.S Academic Physicians and Surgeons Health Services Foundation, was decided in 2005.Dr. Weiss and EVMS entered into an employment agreement which contained a non-compete provision. Problems arose in the employer-employee relationship…

One of the first reported (and important) cases involving doctors and non-compete contracts arose in Richlands, Virginia, a town in Tazewell County. The case, Clinch Valley Physicians, Inc. v. Luis Garcia, MD, was decided by the Virginia Supreme Court in 1992.Clinch Valley Physicians, Inc. (CVP) was a professional corporation whose…

The next important decision ruling upon the legality of non-compete contracts with doctors and physicians comes from a decision by the Warren County (VA) Circuit Court. The case was Shenandoah Chiropractic, Inc. v. Scott Berman, decided in 1996. In some respects this case follows the ruling of the Virginia Supreme…

The law in Virginia disfavors non-compete contracts…but that general rule doesn’t mean a court will refuse to uphold and enforce such agreements…each situation is different…and each profession or job situation is different.I hope to spend some time over the next few days or weeks discussing what Virginia courts have had…