Berlin v. Sarah Bush Lincoln Health Center

In January 1995, plaintiff, Richard B. Berlin, Jr., M.D., filed a complaint for declaratory judgment and a motion for summary judgment in which he sought to have a restrictive covenant contained in a general surgery employment agreement with the defendant, Sarah Bush Lincoln Health Center (Health Center), declared unenforceable. The Health Center filed a cross-motion for summary judgment. In June 1995, the trial court granted Dr. Berlin’s motion for summary judgment, finding that the restrictive covenant was unenforceable because the Health Center, through its-general surgery employment…