Physicians Corporate and Shareholder Dispute Physicians Award

Commercial Litigation, Verdicts and Settlements

After two days of a scheduled 2-3 week jury trial in Camden, SC, Bland Richter obtained a favorable settlement on behalf of a physician client who was being sued over an alleged violation of a covenant not to compete after establishing a competing ear, nose, throat and allergy and sleep disorder practice in close proximity to his former employer. The suit accused the client of improperly soliciting his former employer’s patient base, hiring former employees of the prior practice group and receiving the benefit of existing referrals of patients from various physicians. Bland Richter’s client was accused of causing a minimum of $3,600,000.00 of damages for the approximate 2.5 years since the physicians separated from one another and the competing practice was opened. Bland Richter denied that the covenant not to compete at issue was “enforceable” and defended against the claims by asserting that the former physician group breach its shareholder and compensation obligations to Bland Richter’s client. The case settled with Bland Richter’s client paying only $15,000 to the former practice group and being able to have their current ear nose and throat practice (Southeastern Ear Nose and Throat and Allergy and Sleep Disorder Institute, LLC in Columbia, SC) practice free from any further anti-competition claims and litigation from the former group. ( Winter 2012 )