On August 29, 2025, and after 16 trial days, a Bergen County judge found in favor of our client, a pediatric neurosurgeon, on all claims brought against him by his former medical practice in a restrictive covenant, breach of contract and fraud lawsuit, finding that the non-compete agreement created an undue hardship on him and allowing him to continue to work at and serve as Chair of Pediatric Neurosurgery at Hackensack University Medical Center. Our client had been sued for $4.5 million in damages.
Steven Adler, Co-Chair of Mandelbaum Barrett PC’s Litigation Department and Co-Chair of our Employment Law and Healthcare Litigation Practice Groups, represented the physician throughout the litigation and at trial. In an interview with the New Jersey Law Journal Steven explained:
“Even though [restrictive covenants] are generally enforceable, there are exceptions that can be very important. And this decision was a good example of a restrictive covenant that generally had reasonable terms but still placed an undue burden on the doctor based on the particular facts here.”
The decision also protected the public interest by allowing a talented physician to continue to serve families in the area with extremely ill children. Steven and our client were thrilled with the result.
Mandelbaum Barrett PC Employment Law Partner, Frank A. Custode, provided assistance in this litigation.
This case was highlighted in the New Jersey Law Journal, which you can read here.
These stories are successful case results from our attorneys. Please note that results may vary depending on your particular facts and legal circumstances.