Skaf v. Wyo. Cardiopulmonary Services, P.C.
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The Supreme Court affirmed the judgment of the district court confirming the arbitration panel's finding that a non-compete clause Dr. Michel Skaf signed in his employment contract with Wyoming Cardiopulmonary Services (WCS) was unenforceable but that a previously-granted liquidation award was still valid, holding that there was no error.
After WCS terminated Skaf for cause Skaf opened his own cardiology office. WCS sued Skaf for breaching the non-compete clause in the parties' employment contract. The arbitration found Skaf violated the noncompete clause and awarded WCS liquidated damages. The Supreme Court remanded the case. On remand, the arbitration panel again found in favor of WCS, that the non-compete clause was unenforceable, but that the liquidated damages award was still valid. The district court confirmed the award. The Supreme Court affirmed, holding (1) the panel did not commit manifest error by denying Skaf interest on his deferred compensation award; and (2) because Skaf did not previously appeal the panel's award, he was barred from doing so now.
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