As discussed in the Lecture Series and your supplemental reading for Module 7, noncompete clauses are relatively routine in physician employment agreements. InAesthetic Facial & Ocular Plastic Surgery Center, P.A., v. Zaldivar,the North Carolina Court of Appeals upheld the trial court's summary judgment ruling in favor of the defendant and holding that the covenant not to compete at issue was unenforceable. Begin by reading the Court's opinion, a copy of which is attached.
1. Do you agree with the Court of Appeals' ruling and rationale? Why or why not?
*** Be sure to address the applicable legal principles in your response. You should demonstrate your understanding of the burden of proof in a contract dispute involving a noncompetition clause, as well as your ability to apply that information to the facts of the case. ***
2. Respond to at least ONE of your peers' posts.
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