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Doctor’s noncompete decision withdrawn

In the March 3 issue of Virginia Lawyers Weekly, we reported an interesting twist in a doctor’s noncompete case out of Winchester Circuit Court.

The case is General Surgery Specialists v. Bowers.

A judge held that a noncompete prohibiting a surgeon from practicing in Winchester and Frederick County was reasonable in its terms. But the court said the noncompete was unenforceable because it violated the federal Stark Law as the surgeon, a provider under federal Medicare and Medicaid programs, also received payments under a hospital physician recruitment agreement.

According to information provide by the court, on a joint motion by the parties, the court entered a final order today in which Winchester Circuit Judge Jay Wetsel vacated the findings and conclusions in his Feb. 11 opinion, and dismissed the case as settled.

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