Murfreesboro Medical Clinic, P.A. v. Udom

Although I agree that the restrictive covenant in this case is unenforceable, I write separately to voice my disagreement with the majority’s holding that restrictive covenants involving physicians are unenforceable and void unless specifically permitted by Tennessee Code Annotated section 63-6-204(d) and (e) (Supp.1998). I do not believe that the legislature’s decision to validate physicians’ restrictive covenants in the two circumstances described in section 63-6-204(d) and (e) prohibits all other restrictive covenants between physicians.

In 1994, the legislature amended section 63-6-204 to…