D is a nonprofit corporation duly licensed under the Hospital Licensing Act (210 ILCS 85/1 et seq.) to operate a hospital. P and D entered into a written agreement of employment for P to practice medicine for D for five years. P could terminate for any reason prior to the end of the five-year term by furnishing D with 180 days advance written notice. A restrictive covenant prohibited P from competing with D by providing health services within a 50-mile radius of the D for two years after the end of the employment agreement. P resigned effective February 7, 1994, and accepting employment with the Carle Clinic Association just 1 mile from D. P immediately began working at a Carle. D sought a preliminary injunction to enforce the restrictive covenant. The circuit court enjoined P. The appellate court reversed and remanded the action to the circuit court for further proceedings. P filed a complaint for a declaratory judgment seeking to have the restrictive covenant declared unenforceable. The court found the entire employment agreement unenforceable. The court determined that by hiring P to practice medicine as its employee, D violated the prohibition against corporations practicing medicine. A divided appellate court affirmed. D appealed.

This section contains the nature of the case and procedural background.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.