Question

Dr. Webber joined the Gelder Medical Group, which was a medical partnership. Part of the agreement was that if for any reason his association with the group ended, he would not practice medicine for five years within 30 miles of the Village of Sidney, where the partnership was located. The agreement also provided that any member could be required to withdraw from the partnership upon a majority vote of the other members. Dr. Webber’s work with the group turned out to be unsatisfactory to his partners, who felt he was an embarrassment to the group. Dr. Webber refused to withdraw from the association after he was terminated by the other physicians. Two months later, despite his earlier agreement, Dr. Webber opened a medical office in Sidney. The partnership brought suit to prevent him from carrying on his practice. Could they do this successfully?

Answer 1

In this case, the five-year restriction and the 30-mile radius might be considered excessive, potentially rendering the non-compete provision unenforceable. However, the partnership could strengthen their case by emphasizing Dr. Webber's unsatisfactory performance and embarrassment to the group, arguing that these factors justify the enforcement of the non-compete clause. The outcome would depend on the jurisdiction's specific laws and the court's interpretation of the agreement's reasonableness.

Step-by-step explanation: