HEALTHCARE HORIZONS, INC., DBA HEALTHCARE HORIZONS CONSULTING GROUP, INC. v. JAMES GUY BROOKS - Articles

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Posted by: Amelia Ferrell Knisely on Apr 26, 2016

Court: TN Court of Appeals

Attorneys 1:

Samuel P. Funk and D. Gil Schuette, Nashville, Tennessee, for the appellant, James Guy Brooks.

Attorneys 2:

Michael W. Ewell, Knoxville, Tennessee, for the appellee, Healthcare Horizons, Inc., dba Healthcare Horizons Consulting Group, Inc.

Judge(s): SUSANO

James Brooks began working for Healthcare Horizons, Inc. in October 2013. He was required to sign a confidentiality and non-solicitation agreement (CNSA). The CNSA provides that disputes regarding the agreement would be settled by binding arbitration; there were exceptions – claims requesting equitable or injunctive relief were to be resolved by litigation in Knoxville. In March 2014, Healthcare Horizons terminated Brooks. He subsequently accepted a position with a new firm founded by John Graham, the former president of Healthcare Horizons. Graham had also executed a CNSA while working for Healthcare Horizons. His agreement provided that all disputes arising out of that agreement would be settled exclusively by binding arbitration. In November 2014, Healthcare Horizons filed a complaint against Brooks, alleging a breach of his CNSA and misappropriation of trade secrets. Brooks filed a motion to compel arbitration or, in the alternative, to stay the case pending resolution of an ongoing claim of Healthcare Horizons against Graham. The trial court denied Brooks’ motion. He appeals. We affirm.