Memorandum Neurology Erones V. Blackwell Case Summary
Memorandum Neurology Associates, LLP Vs Elizabeth Blackwell, M.D
Question Presented: Is the contract between Dr. Blackwell and Neurological Associates enforceable, under Longville Law?
Facts:
When considering the case between Dr. Blackwell and Neurological Associates there are several important facts that need to be laid out. These facts will help determine if the contract between Dr. Black and Neurological Associates (NA) is valid. In May 2015 Dr. Elizabeth Blackwell had earned her medical doctor degree. She received a license to practice in the state of Longville. Dr. Blackwell entered into an employment discussion with NA, during negotiating compensation terms, vacation, on-call duties and a fringe benefit package were discussed. An agreement was made, which included an arbitration clause …show more content…
Blackwell started to receive phone calls from hospitals in Galway, Longville regarding job offers. These job offers, offered Dr. Blackwell a bigger paycheck compared to NA. However, Dr. Blackwell never perused any of these job opportunities because she did not want to breach the document/ Noncompete with NA. In January 2016, Dr. Blackwell was given permission for her paid leave. Blackwell returned to NA in February. After returning from her leave Dr. Blackwell was fed up with NA. On March 1,2016, she gave a 60-day notice that she would be leaving Na effective May 1, 2016. Dr. Blackwell presumed she would start at Galway on June 1st. Cohn had accepted her letter of resignation but under the contract Cohn stated she could not accept the new potion at Galway hospital.
Procedural History: There is no procedural history.
Holding: There is no holding. The covenant is not valid or enforceable because the covenant was agreed under the basis of Duress. This covenant also interferes with the interest of the public. NA has created a restrictive covenant which is not related to its business/practice interests.
Reasoning:
¬ The covenant was founded under the state of
Question Presented: Is the contract between Dr. Blackwell and Neurological Associates enforceable, under Longville Law?
Facts:
When considering the case between Dr. Blackwell and Neurological Associates there are several important facts that need to be laid out. These facts will help determine if the contract between Dr. Black and Neurological Associates (NA) is valid. In May 2015 Dr. Elizabeth Blackwell had earned her medical doctor degree. She received a license to practice in the state of Longville. Dr. Blackwell entered into an employment discussion with NA, during negotiating compensation terms, vacation, on-call duties and a fringe benefit package were discussed. An agreement was made, which included an arbitration clause …show more content…
Blackwell started to receive phone calls from hospitals in Galway, Longville regarding job offers. These job offers, offered Dr. Blackwell a bigger paycheck compared to NA. However, Dr. Blackwell never perused any of these job opportunities because she did not want to breach the document/ Noncompete with NA. In January 2016, Dr. Blackwell was given permission for her paid leave. Blackwell returned to NA in February. After returning from her leave Dr. Blackwell was fed up with NA. On March 1,2016, she gave a 60-day notice that she would be leaving Na effective May 1, 2016. Dr. Blackwell presumed she would start at Galway on June 1st. Cohn had accepted her letter of resignation but under the contract Cohn stated she could not accept the new potion at Galway hospital.
Procedural History: There is no procedural history.
Holding: There is no holding. The covenant is not valid or enforceable because the covenant was agreed under the basis of Duress. This covenant also interferes with the interest of the public. NA has created a restrictive covenant which is not related to its business/practice interests.
Reasoning:
¬ The covenant was founded under the state of