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Frier Levitt Successfully Recovers Liquidated Damages for Violation on Non-Compete Clause

Recently, Frier Levitt Partner Michelle L. Greenberg, Esq., and Associate Nicole M. DeWitt, Esq. successfully settled a matter for a medical practice that claimed a physician previously employed by the group was violating a non-compete clause by practicing medicine within a restricted area.

The physician argued that she was not in violation of the covenant because she was practicing medicine outside of the “restricted area” and disputed that the “restricted area” was measured from the practice’s multiple office locations. By using the physician’s own email communications with the practice, which demonstrated her knowledge of the “restricted area,” Frier Levitt was able to prove the physician knew she was practicing within the restricted area.  

The matter was settled out of court with the physician paying the practice liquidated damages provided in the employment agreement.

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