Gingrich v. Midkiff under advisement at Fifth District

 

A panel of appeals court judges has taken under advisement an “acrimonious” dispute between two well-known, local obstetricians/gynecologists who once practiced together and now practice across the street from one another.

Oral arguments were heard last month at the Fifth District Appellate Court in a long-running non-compete battle between Tina Gingrich, M.D. and Christina Midkiff, M.D.

Gingrich, who sued in 2007 saying Midkiff violated a covenant not to compete, appealed Circuit Judge William Mudge’s July 2012 order granting summary judgment to Midkiff.

Mudge’s decision essentially allowed Midkiff to maintain her practice at 2023 Vadalabene Dr. in Maryville, directly across from Gingrich’s practice, Maryville Women’s Center, at 2016 Vadalabene Dr. The offices are close to Anderson Hospital, renowned for its “Pavilion for Women: Southern Illinois’ Premiere Birthing Center.”

The lawsuit currently on appeal at the Fifth District is the second suit Gingrich filed against Midkiff. Gingrich’s first suit against Midkiff in 2002 involved their business dissolution and was settled in 2010.

At oral arguments on Dec. 17, attorney Erin Phillips of Unsell & Schattnik in Wood River argued for Gingrich, saying Mudge erred in citing case law doctrine and erred in granting summary judgment.

Edwardsville attorney Mark Goldenberg represented Midkiff at oral arguments.

In Mudge’s July 6, 2012 order, he notes the parties’ “acrimonious history.”

He found that Gingrich exercised her right to elect to purchase all of Midkiff’s shares in the corporation, forcing Midkiff to sell her shares for their fair value.

“Consequently, according to the plain language of the agreement, the non-compete clause…does not apply here,” he wrote.