Most of our clients come to us after signing a non-compete agreement with their employer with the question, “How do I get out of this thing?” Well, the best way to limit or even eliminate the impact of a non-compete agreement is to negotiate with your prospective employer before you…
read moreIn many of our firm’s medical malpractice cases the patient’s medical bills were paid by health insurance provided by the patient’s (our client’s) employer. The insurance coverage is provided as part of an Employee Retirement Income Security Act (ERISA) benefit package. ERISA is a federal law enacted by Congress in…
read moreLast year two rival appliance companies, Whirlpool and Electrolux, battled it out in the courts over a district sales manager who was enticed to jump between the companies. The sales manager had signed a “Leadership Agreement” with Whirlpool in June 2006 that included a one-year covenant not to compete and…
read moreWe place our loved family members in nursing homes because they need extra care and attention – they don’t need what these two nursing homes were providing!The Tennessee Department of Health has suspended new admissions to the Hillcrest North nursing home. The 271-bed nursing home was ordered not to admit…
read moreNursing home residents have the right to be treated with dignity and respect as well as the right to privacy among others. But, what happens when those rights aren’t respected? And, how do we ensure residents maintain their rights, but keep them safe at the same time? As required by…
read more“Tort Reform.” That is a very popular phrase to throw around election day. And in the spirit of election day – I wanted to share a few stories.Senator, Rick Santorum, champion for tort reform, sued (with his wife) their chiropractor for malpractice. Rumor has it the case ended in a…
read moreHere is some good news to report! A Chesapeake, Virginia Judge has refused to enforce a non-compete clause in an employment contract. Theodore Wood has been in the pavement-marking business for eight years. Spivey Pavement Markings Inc. sued Wood and his current employer, Mid-Atlantic Pavement Markings LLC, saying that Wood…
read moreA Missouri jury has ordered the owner-operator of two nursing facilities to pay more than $3 million to the estate of a former patient who died in 2004. The verdict stems from a lawsuit alleging that the nursing staff at Barry Manor and White Oak Manor nursing homes was negligent…
read moreNursing home costs increased 3% on average across the country in the last year, according to newly released data from the MetLife Mature Market Institute. Assisted living costs remained virtually unchanged at $2,969 per month or $35,628 yearly. The average cost of a private room in a nursing home was…
read moreA nursing home abuse bill, the Elder Justice Act, has been under consideration in Congress for the past five years but has received scant attention and has yet to be passed. Although nursing home and elder abuse are serious and growing problems in this country, the nursing home abuse bill…
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