33:620:301 Lecture Notes - Lecture 14: Appellate Court, Cardiology
12 Dec 2017
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[baugh and feldman] filed suit against columbia heart [in a south carolina state court] * * * seeking * * * a ruling that the agreements contain unenforceable non-competition provisions. The trial court * * * held the agreements" non-competition provisions unenforceable . The appellate court reverses trial court"s decision. Kevin baugh, m. d. , and barry j. feldman, m. d. , * * * are cardiologists who had been shareholders and employees of columbia heart since before 2000. When [baugh and feldman] became shareholders, they each entered employment agreements that forfeited money payable to them upon termination if they competed with. Columbia heart in lexington and richland counties within a year. These agreements contained no other provisions that discouraged competition, and their consideration was a compensation system. In 2004, columbia heart"s shareholders embarked on the construction of a new medical office building in lexington county through a limited liability company (the llc).
