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Tuesday, April 17, 2007

Ind. Decisions - Evansville-area cardiologists win appeal of non-compete dispute with physicians' group

Ralph D. Millsaps, M.D. & Julio A. Morera, M.D. v. Ohio Valley Heartcare, Inc., a Court of Appeals opinion issued Friday (see ILB entry here), is the subject today of a story by Bryan Corbin of the Evansville Courier & Press. Some quotes:

INDIANAPOLIS Two Evansville-area cardiologists won the first round of an appeal in their lawsuit against a former employer, meaning they are free to continue practicing in the Tri-State, unfettered by noncompete contracts.

The ruling by the Indiana Court of Appeals means patients of Dr. Ralph D. Millsaps and Dr. Julio A. Morera can continue to be seen by those cardiologists without having to travel far outside of Evansville.

For ILB entries on the trial of the case, see this list.

More from today's story:

The three-judge panel ruled Friday against the physicians' group the two cardiologists resigned from, Ohio Valley HeartCare Inc., 1400 Professional Blvd., Evansville. The appeals court found Ohio Valley breached its contracts with the cardiologists by "failing to provide timely and competent billing services" as required in their agreements, wrote Chief Judge John Baker in the 13-page decision.

"The ruling is that if you breach a contract, you can't enforce it against the other side," the cardiologists' attorney, Patrick Shoulders, said. Ohio Valley has 30 days to decide whether to appeal the ruling to the Indiana Supreme Court.

Because of noncompete provisions, the cardiologists were not allowed to practice medicine in the Evansville area for several months after leaving Ohio Valley. They could resume only after posting large appeal bonds: approximately $700,000 for Millsaps and $210,000 for Morera. Shoulders now hopes to get those bonds released.

Had the appeals court ruled against him, Morera said, he likely would have had to relocate to Indianapolis or Louisville, Ky., meaning his patients either would have had to travel long distances to be seen by him or find a new pediatric cardiologist. Instead, he can remain in Evansville and the maintain continuity of his patients' care.

Posted by Marcia Oddi on April 17, 2007 08:34 AM
Posted to Ind. App.Ct. Decisions