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Physicians › Breach of Contract

Patterson Belknap Webb & Tyler LLP

Second Circuit Holds No Irreparable Harm from Hospital’s Poach of Care Providers, Despite Non-Solicitation Clause

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Last month, the Second Circuit rejected the effort of an association of anesthesiology service providers to enjoin a Syracuse-based hospital from recruiting and hiring local anesthesiology providers. The association, American...more

Hendershot Cowart P.C.

Changing Jobs with a Non-Compete: What Do You Say and When Do You Say It?

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Changing Jobs with a Non-Compete: What to Say and When? Changing jobs when you have a non-compete agreement in place can be tricky. Before making a move, plan your exit strategy – set a date, practice your resignation, and...more

Fox Rothschild LLP

When “Divorcing” Physicians Scuffle Over Contractual Plans to Honor Patient Choice, do they Render Medical Service?

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The Palmetto Medical Group had a “messy divorce.” Palmetto’s three physicians had settled into “mutual distrust” and got a good distance down the road toward separation by negotiating a Practice Separation Agreement at...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor - October 2020: District Court Holds Breach of Contract Claims are Time-Barred

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Plaintiff Gene Myers (“Plaintiff”), a physician, made a claim for individual disability insurance (IDI) benefits under an individual disability policy arising from low back injury caused by wearing a heavy leaded gown worn...more

Polsinelli

Med-Staff Newsletter - January 2020 | VOL 4

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With the New Year comes new medical staff leaders and a new set of growing pains. Contrary to what many of us believe, some simple steps can lessen the pain. ...more

Polsinelli

Time to Dust Off Colorado Physician Liquidated Damage Provisions

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Many Colorado physician employment agreements and equity agreements require physicians to pay liquidated damages if the physician competes with his/her former employer after leaving the organization. ...more

Brownstein Hyatt Farber Schreck

Colorado Court of Appeals Issues Needed Guidance on Physician Non-Compete Agreements

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The inclusion of a non-compete agreement, or covenant not to compete, is frequently one of the most anxiety-producing issues in physician employment contracting on the part of both the physician and the employer. This has...more

Holland & Hart LLP

Minimizing Liability For Business Associate Misconduct

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Healthcare providers, health plans and healthcare clearinghouses (“covered entities”) and business associates are subject to significant penalties for violations of the HIPAA Privacy, Security and Breach Notification Rules....more

Mintz

Massachusetts Appeals Court Upholds Liability Insurer’s Contractual Right to Settle

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On Tuesday, December 12, 2017, the Massachusetts Appeals Court, applying New Hampshire law, held that a professional liability insurer did not breach the implied covenant of good faith and fair dealing by settling a New...more

Faegre Drinker Biddle & Reath LLP

Reverse Midas: Doctor Turns His $38K Debt into $65K Debt

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Dr. Bob Halterman is something of a Midas-in-Reverse. His refusal to pay $38,000 he owed Johnson Regional Medical Center resulted in a $65,000 judgment in favor of the hospital. When the hospital recruited Dr. Bob, the...more

Miles & Stockbridge P.C.

Maryland Court of Special Appeals Says No Breach of Contract Claim Unless Doctor Makes Special Promise Regarding Medical Treatment

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In a decision handed down on April 27, 2017 in the case of Heneberry v. Pharoan, the Maryland Court of Special Appeals rejected a breach of contract claim against a doctor who failed to completely perform a surgical...more

Nutter McClennen & Fish LLP

Mid-Year Review: New Non-Compete Legislation in 2016

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In the first half of 2016, we have already seen significant changes to a number of state non-compete laws. In this post, we provide a compilation of recently enacted legislation in Alabama, Connecticut, Idaho, Oregon, and...more

Fisher Phillips

Contracts May Not Be All They're Cracked Up To Be: The Extension Of Legal Protections In Employee Contractual Settings

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For many years, employers have generally embraced a policy of utilizing at-will employment as often as possible, where employers and employees can end their relationship with each other at any time and for any (legal) reason....more

Pullman & Comley, LLC

Appellate Court Notes

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Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

Brooks Pierce

There's A Difference Between "Confidential And Proprietary Information" And A Trade Secret

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I can't remember the last time that the Business Court granted a motion opposing the designation of a case as a mandatory complex business case. And since the Business Court Modernization Act went into effect in October...more

Saul Ewing Arnstein & Lehr LLP

New Jersey Superior Court Appellate Division rules that physicians’ damages for breach of contract with hospital are limited to...

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The New Jersey Superior Court Appellate Division recently ruled that the damages a physician-independent contractor can recover are limited to those sustained during a notice period in the physician’s contract. The decision...more

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