It will never get that far. Most lawyers refuse to take those cases. They're guaranteed losses
I would agree that it is unlikely to get that far in the case of a small podiatry group fighting an associate. But it most certainly can, and has in plenty of states. And the same lawyer who wrote the contract will always take that case. This isn't medical malpractice, they aren't getting a % of a settlement. They are billing hourly and don't give two ****s about wether or not they win or lose. Because even if they lose, it isn't their money that is paying the employee's legal fees, it's their client who has to pony up. The attorneys have absolutely no reason to refuse to file an injunction against the employee. Also, it costs the employer very little to have their attorney file the injunction. The financial burden is immediately shifted to the employee if there is to be a court battle and in most states and most contracts you run the risk of not only being required to pay your own legal fees but that of your employers if the non compete is found to be enforceable. Regardless of wether or not the court "narrows" the scope of the non-compete.
This was highlighted in WA recently when restrictive covenant laws were changed. Now, they were changed for the better as they would not only make most podiatry associate non-competes unenforceable (due to the new wage caps), but even in instances where they are valid, any court ordered changes to a non-compete would punish the employer and force them to cover all legal fees. The latter is a reversal from previous laws where the employer was still considered the prevailing party so long as the non-compete wasn't completely tossed out. This new law highlighted a previous case where a physician fought his medical group's non compete, got it narrowed, but still had to pay his employer's legal fees. It was something like 8 years and covered an entire county. The judge ruled that the non-compete was overly broad, modified it to 2 miles and 4 years, but since it was not thrown out entirely the medical group was considered the prevailing party. Meaning the physician had to pay his previous employer's $200,000 in legal fees.
I've seen a few unreasonable non-competes in podiatry associate contracts. Hell, I had one at one point. They would likely be narrowed by a court. But in the states I practiced they could still be enforced. 10 miles would likely just get shrunk to 2 or 5. 4-5 years might get lessened to 1 or 2. The Indiana supreme court ruled on a case where a podiatrist had a non compete that covered 43 counties...I don't know my Indiana geography but that has to be damn near the whole state. But the court didn't throw out the non compete, they simply narrowed it to the counties in which the podiatrist had actually worked, which was still 3 counties. Not 3 miles. Three entire counties. Luckily he went to work in a neighboring county outside of the ones that remained in his non compete. I was actually offered a job that had a non compete like that, where you would be barred from practicing 5 miles form any of the offices owned by the practice even though you would only ever regularly work at 1-2 of the 6. That was in a state where had I taken the job, left and fought the non compete, had it narrowed to only the offices I worked at (like the Indiana podiatrist), I still would have been on the hook for the podiatry group's legal fees just like the physician in WA noted above.
The best advice is to negotiate down any non compete in states where they are enforceable before signing a contract. If/when that doesn't work, then just assume that there is some time frame and mileage that has been already considered "reasonable" by the courts in that state and make sure said distance isn't likely to affect long term job prospects. Because 1-2 years and 2 miles, for example, could easily be upheld (and has been numerous times) by the courts. Or just get a job in CA, OK, ND, or RI and you really won't have to worry about non competes.