X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Miller, Presiding Judge. After Laura Frances Smith left her employment with Lane Dermatology & Dermatologic Surgery, LLC (“Lane Dermatology”), she became employed as a physician’s assistant with Skin Cancer Specialists, PC (“SCS”). Lane Dermatology brought the instant action against Smith and SCS, arguing that Smith’s employment with SCS violated the restrictive covenants in her employment contract. In Case No. A21A0582, Lane Dermatology seeks review of the trial court’s order denying its motion for an interlocutory injunction to enforce the covenants. In Case No. A21A0639, Smith cross-appeals from the trial court’s denial of her motion to dismiss Lane Dermatology’s complaint under the anti-SLAPP statute (OCGA § 91111.1). After a thorough review of the record, we conclude that the trial court did not abuse its discretion when it denied Lane Dermatology’s request for an interlocutory injunction, and we conclude that Smith has not made a threshold showing that the claims in this case arise from statements made “in connection with an issue of public concern” so as to fall within the ambit of the anti-SLAPP statute. We therefore affirm the trial court’s judgment in both cases. The record indicates that Smith was employed as a physician’s assistant with Lane Dermatology in its Columbus, Georgia office from 2013 until September 2019. As part of her employment contract, Smith agreed to various restrictive covenants, including a non-compete covenant which provided as follows: For the purposes of this Section, the term “Territory” shall mean the geographic area located within 15 miles from the primary business office of Employer located at 1210 Brookstone Centre Parkway, Columbus, Georgia. For and in consideration of the amounts being paid by Employer to Employee hereunder, Employee agrees that upon termination of Employee’s employment, Employee will not provide services as a Physician’s Assistant within the Territory for a period of two years following the termination of this Agreement. The agreement also contained a non-solicitation covenant, which provided: Employee agrees that, without Employer’s prior written consent, during the two year period commencing on the termination of Employee’s employment, Employee will not, on Employee’s own behalf or on behalf of any other individual or entity, solicit any patient of Employer to see or obtain dermatology services from any provider other than Employer. This Section applies only to those patients to whom Employee provided medical services as a Physician’s Assistant during her employment with Employer.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More

Cullen and Dykman is seeking an associate attorney with a minimum of 5+ years in insurance coverage experience as well as risk transfer and ...


Apply Now ›

McCarter & English, LLP is actively seeking a midlevel insurance coverage associate for its Newark, NJ and/or Philadelphia, PA offices. ...


Apply Now ›

McCarter & English, LLP, a well established and growing law firm, is actively seeking a talented and driven associate having 2-5 years o...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›