We're being sued.
Posted 19 March 2009 - 06:41 PM
Posted 19 March 2009 - 07:33 PM
Posted 19 March 2009 - 07:34 PM
1. once the contract was rescinded, that rescinds all parts of the contract, including a non compete
2. if I follow correctly the potential plaintiff is your DH's employer who is retiring. If he closes or sells both practices, you cannot possibly compete with him for patients...he no longer has any once he closes his doors. He could attempt to argue he sold his patient list to the new practice owner but you never had a contract w/ new owner, so my assumption is that claim would fall flat.
I don't think you have too much to worry about, I think you are right in saying he is in panic mode because the sale of one practice may fall though. It seems like he is trying to almost bully you and your DH into buying his practice rather than starting your own from scratch.
Good luck and keep us posted!
Posted 19 March 2009 - 08:01 PM
Michie's Legal Resources
if I read it right, Colorado won't even allow a non-compete period unless you meet one of the listed exceptions, which you do not. Plus it goes on to point out specifically they are void in all instances where it restricts the ability to practice medicine, including chiropractic practice.
sounds likes your DH is in the win!
Posted 19 March 2009 - 08:44 PM
Posted 31 March 2009 - 04:10 PM
Posted 18 October 2009 - 10:20 PM
How did it turn out?
My experience with non-compete/non-solicitation clauses is that they are generally very tough (and expensive) to enforce unless maliciousness or extreme disadvantage is clearly evident. I think you and your DH will come out of it okay because the guy is retiring and he said his contract was null and void anyway. I hope it works out for the best.
Posted 18 October 2009 - 10:27 PM
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