By Kristine Gonzales-Abella | Jul 17, 2018


HOUSTON – Former members of limited liability company allege that a clause in an agreement is unenforceable and are seeking a declaration.

Made Medical PLLC, et al. filed a complaint on June 29 in the Harris County District Court against Kidney Associates PLLC seeking declaratory judgment.

According to the complaint, the plaintiffs are former members of the defendant and resigned June 29. They allege they tendered $35,000 per the terms of the buy-sell agreement buy-out clause they entered into with the defendant, which contains restrictive covenants prohibiting members from competing with the defendant for 12 months after termination and resignation. 

The plaintiffs allege they believe the clause is unenforceable and does not prohibit them from practicing medicine, while the defendant believes the clause is enforceable.

The plaintiffs seek declaration from the court that the clause is unenforceable and a return of the $35,000 they paid. They are represented by Andrew K. Meade and Leann M. Pinkerton of Meade & Neese LLP in Houston.

Harris County District Court case number 2018-43835

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