Bus Sim Case Study Reading.doc

Bus Sim Case Study Reading.doc

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INTRODUCTION TO BUSINESS LAW: SIMULATION EXERCISE 1 Restrictive Covenants in Contracts: Neurology Associates, LLP v. Elizabeth Blackwell, M.D. Learning outcomes checklist: If you master the material presented here you will be able to: A. Explain the legal doctrines that govern the use of restrictive covenants. B. Interpret and apply the rules set forth in the case law presented. C. Articulate a cogent argument for each party/side in the dispute. D. Negotiate a tenable solution as an alternative to a judicial forum. The material in your text provides you with the legal doctrines and rules that govern contract law, an area of law immensely important to business. The purpose of this simulation is to give you an opportunity to apply the topics covered in your text pertaining to contract law and to connect that with the use of a simulated legal dispute. This will require you to apply legal doctrines and use analytical and critical thinking skills. The simulation consists of three parts: PART I: a hypothetical fact pattern that sets the stage of the legal dispute between the parties, in the imaginary state of Longville, U.S.A. PART II: a set of two hypothetical cases from the Longville appellate courts that provide a brief set of fact, some legal points, and short excerpts from the decisions themselves. (The cases here, while only hypothetical, are in fact based on actual cases and represent the view of the majority of state courts in the U.S.). PART III: your assignment, with instructions. ________________________________________________________________________________________________ PART I: STIPULATED FACTS 1. In May 2005, Dr. Elizabeth Blackwell ("Blackwell") had earned her Medical Doctor degree and completed all necessary requirements to receive a license to practice medicine in the State of Longville. She specialized in neurological medicine. Although she was offered professional opportunities in several large hospitals, she pursued an employment offer with Neurological Associates, LLC ("NA"). NA is a two-physician practice located in a small town in the southwestern area of the state of Longville and located 20 miles north of the City of Galway, the largest city in Longville. Although the pay was lower than the larger hospitals, Blackwell wanted to be close to her family and did not wish to engage in a practice that required the strenuous schedules associated with larger medical providers. 2. NA was managed by the two partners, Dr. Richard Cohn ("Cohn") and Dr. Jean Valjean ("Valjean"). While negotiating Blackwell's Employment Agreement, Cohn was the primary contact and the parties agreed to compensation terms, vacation, on-call duties(after hours), and a fringe benefit package. The agreement included an arbitration clause requiring that the parties agree to nonbinding arbitration in the event of a dispute arising from the Employment Agreement. The Employment Agreement also provided for Blackwell to have paid time off to study for and take the examinations required to become board certified in neurology. NA agreed to a $1,000 payment to be used for a course intended to help prepare candidates for the test. Blackwell began her employment with NA on June 1, 2005.
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