Breach of Contract & Age Discrimination

West Palm Beach Partner, Jonathan Vine and Miami Associate, Ben Lang won a full defense ruling in a recent arbitration including attorney’s fees and arbitration costs.

The Claimant, a surgeon, brought claims for breach of contract, age discrimination, and violations of the Florida and Federal anti-kickback statutes after the Claimant’s ownership shares in two medical partnerships, a surgery center and anesthesiology center, were purchased from the Claimant pursuant to an option in the operating agreements of the centers which dictated that upon any surgeon reaching the age of 70 the centers had the option to purchase the ownership shares at the centers’ direction.

The claimant made the argument that the age 70 option was a violation of the age discrimination, that the centers’ purchase of the ownership shares was to make room for younger and higher producing surgeons and was in essence a kickback, and that the centers breached their operating agreements by not continuing to pay the claimant after he turned 70.

After a lengthy arbitration hearing, the Arbitrator dismissed and/or denied every claim made by the Claimant and granted every counterclaim made by the Respondents.

The Arbitrator additionally ruled that the Respondents were the prevailing party and ordered the Claimant to pay all of the Respondents attorney’s fees and costs of the arbitration.

Jonathan Vine
(561) 383-9203

Benjamin Lang
(786) 268-6897

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