Contracts Legality Agreements Not To Compete
Nelson, Kinder, Mosseau Gordon, P.C., of Manchester , for the plaintiff. Upton, Sanders Smith, of Concord , for the defendant.
Glenn W. Bricker, M.D., of Ashland, by brief, pro se, as amicus curiae.
THAYER, J.
Pursuant to Supreme Court Rule 8, we accepted the Superior Court’s transfer of the following two questions: First, whether the trial court correctly concluded as a matter of law and public policy that the analysis of a covenant not to compete between a physician and a professional association is no different than that generally applied to such covenants? We hold that it did. Second, whether the trial court erred when it granted Concord Orthopaedics Professional Association’s request to enforce the covenant not to compete to the extent it applies to COPA’s existing patients, but denied COPA’s request to the extent the covenant applies to new patients. We hold that it did not.
The defendant, H. James Forbes, M.D., and the plaintiff, COPA, executed an employment agreement containing a covenant not to compete. In consideration for COPA’s obligation to pay Forbes deferred compensation, Forbes agreed not to practice orthopaedic medicine within a twenty-five mile radius of any COPA office for two years following his termination. The pertinent section of the covenant reads:
With respect to the first transferred question, Forbes urges us to declare covenants not to compete involving physicians to be against public policy and per se unenforceable. We decline Forbes’ invitation.
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Doctors & Physicians
Concord Orthopaedics Prof Assoc V Forbes
No. 95-865
1. Contracts Legality Agreements Not To Compete Although the matter involving a two-year covenant not to compete between a physician and a professional association was technically moot due to its expiration, because it was likely that the issues raised would recur but continue to evade review, and because the issue of access to physicians greatly affects the public at large, the superior court’s transfer of questions to the supreme court was not dismissed as moot.
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Concord Orthopaedics And Speares Plymouth Orthopedics & Sports Medicine Are Partnering To Provide Specialized Orthopedic Care To Those In Central New Hampshire
PLYMOUTH Partnering the specialized orthopedics of Concord Orthopaedics with Plymouth Orthopedics & Sports Medicine introduces a new level of orthopedic care to central New Hampshire.
Our patients are the focus of all we do, said Dr. Victor Gennaro of Plymouth Orthopedics & Sports Medicine. This partnership offers them local access to specialty care, further enhancing the quality of orthopedic care we provide throughout the region.
Building upon the comprehensive orthopedic services long provided by Plymouth Orthopedics & Sports Medicine to Plymouth and surrounding communities, Concord Orthopaedics adds board-certified specialty care for total joints, trauma, hand and wrist, pediatrics, and sports medicine.
“I appreciate the opportunity to take care of patients close to their homes, said Dr. Sean Burns of Concord Orthopedics, who specializes in hip and knee replacement. Not having to drive a distance for medical care is a huge plus.”
Concord Orthopaedics surgeons Burns, Duffy, Klingler, Kurtz, and Noordsij see patients locally at Plymouth Orthopedic & Sports Medicine and conduct surgery at Speare Memorial Hospital.
Beyond the enthusiasm of providing much needed orthopedic care locally, the Concord surgeons enjoy getting to know their new community.
I jumped at the chance to come to Speare Memorial Hospital, said Dr. Burns. It is great to work in a college town full of so many wonderful people. I look forward to becoming a part of the community.
Concord Orthopaedics Donates To New Hampshire Food Bank
- Concord Orthopaedics Donates to New Hampshire Food Bank
The OrthoForum is proud to spotlight members like Concord Orthopaedics.
The New Hampshire Food Bank, a program of Catholic Charities New Hampshire, recently received a generous donation of$10,000 from Concord Orthopaedics, located in Concord with satellite offices in Derry, New London and Windham.
This donation, made in honor of the patients, primary care physicians, nurses, clinical support staff, physical therapists, and other medical personnel that Concord Orthopaedics works with throughout the year, will provide 20,000 meals to the one in nine men, women and children in New Hampshire who are food insecure.
Read the original article from the New Hampshire Food Bank here.
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