Tuesday, November 10, 2020 - Carson City-J. Hardesty, J. Parraguirre, and J. Cadish

DUONG, M.D. VS. FIELDEN HANSON ISAACS MIVADA ROBISON YEH, LTD.
Docket Number: 79460
Carson City - 10:00 A.M. - Northern Nevada Panel

Appellants are anesthesiologists who entered into a noncompetition agreement with respondent, their former employer. The agreement prohibited appellants from working at any facility at which they had worked while employed by respondent or any facility with which respondent had active negotiations to supply services regardless of whether the negotiations resulted in a contract. Appellants quit and began working at prohibited facilities. Respondent filed suit and brought a motion for a preliminary injunction to enforce the noncompetition agreement. The district court found the noncompetition agreement overbroad but blue-penciled the agreement under NRS 613.195(5).

ISSUES:

The issues on appeal are whether: (1) the district court properly found that the geographic limitation in the noncompetition agreement is overbroad but nevertheless erred by determining that the agreement is enforceable as modified pursuant to NRS 613.195(5); (2) the district court erred by retroactively applying NRS 613.195(5) to noncompetition agreements executed before the statute’s effective date; and (3) retroactively applying NRS 613.195(5) violates the federal Contracts Clause and federal Due Process Clause.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Nevada Supreme Court.  It is not intended to be all-inclusive or reflect all positions of the parties.  To access the documents that have been filed in this matter, type the docket number into the court’s case search page: https://caseinfo.nvsupremecourt.us/public/caseSearch.do