BoyarMiller Wins Summary Judgment for Group of Doctors
HOUSTON, Texas (June 7, 2011) — A team from BoyarMiller’s Litigation Group, led by firm Chairman Chris Hanslik, successfully represented a group of doctors in a summary judgment hearing to determine the enforceability of a non-compete clause in an employment contract. Judge Fred Edwards, of the 9th State District Court, ruled on June 2nd that the non-compete clause in the employment contracts of seven former Sadler Clinic physicians is “unenforceable” as a matter of law because those contracts do not contain a “reasonable” buyout provision.
Judge Edwards granted his motion for summary judgment after a May 13th hearing involving attorneys representing the physicians and the Sadler Clinic Association, P.A. The doctors in the suit were headed by Nora Catherine Hart, who filed against the clinic on Aug. 11, 2009, alleging its covenants were too restrictive.
In his ruling, Edwards declared that paragraph 13 of (the Sadler) Physicians Employment Agreement “fails to contain a reasonable buyout clause and is therefore unenforceable as a matter of law.” Edwards also ruled Hart and the other physicians may recover reasonable attorney fees and costs from Sadler Clinic at an amount to be determined “by the court at a later date.” Working with Hanslik on the case was BoyarMiller Litigation Associate, Jennifer Hebert.