United States Ninth Circuit

In an employment discrimination action, the district court's order that a settlement agreement be enforced is reversed where: 1) the agreement included a provision that the physician waive his rights to employment with defendant; 2) the parties' private contract dispute regarding whether the no-employment provision voided the settlement agreement was ripe for review; and 3)the district court abused its discretion in holding that Cal. Bus. & Prof. Code section 166000, which provides that a contract is void if it restrains anyone from engaging in a lawful profession, did not apply solely because the no-employment provision in the settlement agreement did not constitute a covenant not to compete.

Appellate Information

• Decided 04/08/2015
• Published 04/08/2015

Judges

• O'Scannlain

Court

• United States Ninth Circuit

Counsel