Stark v. Soteria Imaging Serv., Inc.

Stark v. Soteria Imaging Serv., Inc.,
No. 8:02CV560 (D. Neb. Aug. 12, 2003)

A physician and an imaging services company entered into a non-competition
agreement in which the company agreed not to open an imaging center in
or around Omaha,
Nebraska. The imaging company then expressed interest in establishing a center
in Omaha. The physician offered to waive the non-competition agreement as
long as he was appointed managing director of the new center. He signed
an agreement
waiving the non-competition clause, but was never appointed director. He
sued the company for promissory estoppel, unjust enrichment, implied contract,
and
breach of contract. The company moved to dismiss all claims. The United States
District Court for the District of Nebraska declined to grant the company’s
motion, holding that genuine issues of fact existed with regard to each
claim and the
physician was entitled to present evidence to a jury for a decision on those
issues.