Alaska Supreme Court
Dominic Wenzell, D.m.d. P.c., Appellant v. Guy Ingrim, D.m.d., Appellee
April 9, 20102010 Alas. LEXIS 39
Summary
The court held that the parties' covenant not to compete prohibits dentistry performed in competition with the purchased clinic, and that employment at a federally funded medical center can constitute the practice of dentistry. Because competition between the medical center and the clinic could not be presumed, the court vacated summary judgment and remanded for a determination whether the employment actually threatened the clinic's goodwill. The court also directed the superior court to consider the covenant's enforceability and the liquidated-damages provision if a breach is found.