Elder Care Physician Who Conceded That Post-Termination Competition Would Cause Irreparable Harm Defeats Motion For Injunction

Seyfarth Synopsis.  A physician in a group of doctors primarily serving residents of nursing homes signed a non-compete covenant and agreed to be enjoined if he breached.  Subsequently, he resigned and commenced competition.  The doctors’ group sued him and moved for entry of an injunction.  Despite the absence of any Rhode Island statute or judicial decision directly in point, a Providence, R.I. Superior Court judge asserted that a “public policy” of that state protects patients’ right to choose their own doctor, and so the motion for an injunction was denied.  Medicine & Long Term Care Associates, LLC v. Khurshid, Civil Action No. PC-2015-0458 (Mar. 29, 2016) (Silverstein, J.).

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