Frank Haron Weiner (“FHWN”) attorneys Sidney L. Frank and Louis C. Szura secured a critical preliminary injunction on behalf of InPatient Consultants of Michigan, P.C. (“IPC”).  IPC is a provider of hospitalist physician services to patients throughout metropolitan Detroit and part of a nationwide provider network. 

In November 2008, IPC’s employment agreement with a hospitalist physician, Defendant, expired but the covenant not to compete in that agreement survived the end of the relationship.  Soon thereafter, Defendant began providing similar hospitalist services at the same hospital for a different physician group.  Defendant argued that the covenant not to compete was inapplicable, that he was not competing with IPC and that there was no irreparable harm to IPC. 

After considering the briefing on the issues and the arguments of counsel, Oakland County Circuit Court Judge Mark A. Goldsmith agreed with FHWN and granted a preliminary injunction enforcing the covenant not to compete.