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Defendant medical professional appealed the decisionfrom the premium Court in Maricopa county (Arizona), i m sorry reversedthe trial court"s decision that denied plaintiff employer"s requestfor a preliminary injunction and found that plaintiff"s restrictivecovenant violated publicly policy, or alternatively, was unenforceablebecause it was also broad.CASE FACTSDefendant doctor, one internist andpulmonologist, entered into an employment commitment with plaintiffemployer that included a restrictive agreement not to compete. Afterdefendant doctor left the practice and also began practicing within thearea characterized by the restrictive covenant, plaintiff sue defendantsbased ~ above the restrictive covenant not come compete. The trial courtdenied plaintiff"s preliminary injunction request and also held the thecovenant violated windy policy, or alternatively, to be unenforceablebecause it was also broad. The appellate court reversed and held thatthe covenant was reasonable.DISCUSSIONOn review, the court stated that becausethe doctor-patient partnership was special, it to be entitled tounique protection.Furthermore, based on public policy interests,covenants no to compete in between physicians were to it is in strictlyconstrued for reasonableness.The court hosted that the commitment wasunenforceable because plaintiff failed to prove the its interestsoutweighed public policy interests.The duration and also geographic scopewere unreasonable.The trial court"s opinion to be affirmed, and also theappellate court opinion was vacated and remanded.CONCLUSIONThe court vacated and also remanded the appellate court decision thatreversed the attempt court decision that hosted that plaintiff employer"srestrictive agreement with defendant medical professional violated public policy.The trial court decision was affirmed due to the fact that the agreement wasunenforceable, because that unreasonableness, based upon the truth that publicpolicy understand outweighed plaintiff"s interests.Suggested law school study materials

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