Health Law Keyed to Furrow
Berlin v. Sarah Bush Lincoln Health Center
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Dr. Berlin (Plaintiff) was an employee at the Sarah Bush Lincoln Health Center (Defendant), a nonprofit corporation licensed to operate a hospital, pursuant to a written agreement. Prior to the expiration of his five-year contract, Plaintiff resigned and started working at a clinic nearby. Defendant sought a preliminary injunction to ban Plaintiff from practicing at the clinic, based on the restrictive covenant in the employment agreement. Plaintiff filed a complaint for declaratory judgment and a motion for summary judgment seeking to have the restrictive covenant contained in the employment agreement with Defendant declared unenforceable. The circuit court granted summary judgment, holding that Defendant, as a nonprofit corporation employing a doctor, was practicing medicine in violation of the prohibition on the corporate practice of medicine, and a divided appellate court affirmed. Defendant appealed.
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