Karlin v. Weinberg

77 N.J. 408, 390 A.2d 1161 (1978)

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Nature of the Case

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Facts

Weinberg (D) was a medical doctor engaged in the practice of dermatology under the employ of Karlin (P). The one-year employment contract contained a five-year noncompete clause within a 10-mile radius of P's office. After the expiration of the employment contract, the parties entered into an oral partnership agreement and that partnership dissolved about two years after the employment contract. D then moved his new office just down the same block. P sought an injunction. The trial court issued a partial summary judgment and dismissed P's complaint because restrictive covenants between physicians are per se unreasonable. The Appellate Division reversed holding that only restrictive covenants between lawyers were per se unreasonable.