In the case of MetroHealth Sys. v. Khandelwal, 2022-Ohio-77, the Eighth District Court of Appeals affirmed the trial court’s ruling to issue a limited preliminary injunction against a surgeon, which modified the terms of the parties’ non-compete agreement in a breach of contract action.
Here, the surgeon’s former employer sought preliminary injunction seeking to enforce a noncompete agreement against the surgeon in a breach of contract action. The trial court held that the surgeon could begin employment with the new employer but enjoined the surgeon from holding the position of director with the new employer, personally soliciting patients, or transmitting privileged information. The former employer appealed.
The Court of Appeals reasoned that the trial court properly addressed the former employer’s likelihood of success on the merits. The Court further reasoned that since the former employer would not suffer irreparable injury and the surgeon would suffer undue hardship if prevented from practicing, the trial court’s ruling was proper.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.