Court Orders Reconsideration of Decision Holding Physician Noncompete Unenforceable

A Washington trial court erred in determining that a noncompetition provision in a cardiology group practice employment agreement was unenforceable, a state appeals court ruled Feb. 28 (Emerick v. Cardiac Study Center Inc., Wash. Ct. App., 41597-6-II, 2/28/12).

The Washington Court of Appeals, Division Two, ruled that the lower court misapplied state law in ruling on summary judgment that the provisions prohibiting Dr. Robert Emerick from competing with other Cardiac Center Inc. physicians in two areas of the state for five years violated public policy and was unreasonable.

The court said the trial court was required to ...