Valuing Noncompetes: The Bradford Decision

Law360, New York (March 28, 2011, 3:39 PM EDT) -- In an opinion substantively addressing the Stark Law and Anti-Kickback Statute, a federal court issued summary judgment against a hospital, a physician practice and its physician owners finding that an equipment subleasing arrangement, and related noncompete agreement, improperly assigned value to the volume of “anticipated referrals” in violation of the Stark Law.

In United States ex rel. Singh v. Bradford Regional Medical Center, Civ. No. 04-186, 2010 U.S. LEXIS 119355 (W.D. Pa. Nov. 10, 2010), the U.S. District Court for the Western District of Pennsylvania was...
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