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Lauren Ellerman

Why playing dress up with my daughter makes me think of Virginia law on non-competes
Why playing dress up with my daughter makes me think of Virginia law on non-competes 150 150 Lauren Ellerman

This morning my precious child pranced around our kitchen in a tutu, with a fairy wand. She tried to grant our cat Earl three wishes by tapping his head with the wand. I think he wished for her to leave as the plastic star fell upon his head rather aggressively. Sadly, she didn’t…

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Post Surgical Infection cases
Post Surgical Infection cases 150 150 Lauren Ellerman

Can you imagine having surgery, going home only to return to the hospital days later so sick you can’t breathe, stand or walk? Then you spend months in ICU, on a ventilator and in rehabilitation all because you acquired an infection during or after the surgery that went untreated? Our…

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Caring for a disabled or elderly loved one in Virginia from out of state
Caring for a disabled or elderly loved one in Virginia from out of state 150 150 Lauren Ellerman

I get it. I get it because I’ve been there. You have a loved one who is disabled or older and you are states away. You can’t be there to visit daily, check on home health, interview aides, complain to the nursing home administrator or tell your loved one in…

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Why is saying “I am sorry,” so hard in business relationships?
Why is saying “I am sorry,” so hard in business relationships? 150 150 Lauren Ellerman

Last year we filed a case on behalf of a young woman who lost her child in childbirth. Although the terms of the settlement are confidential, and cannot be discussed, one of the requests we made (and frequently make in medical malpractice cases) is that the defendant express in some…

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The law, it is a changing
The law, it is a changing 150 150 Lauren Ellerman

Take a moment to access this Bob Dylan Cover of The Times they are a changing. Press Play. Now, with that well known folk sound in the background I will make my brief but important point about Virginia Non-Compete law or rather Virginia Business Tort law: The law, it is a changing.…

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Proving the defendant was a distracted driver
Proving the defendant was a distracted driver 150 150 Lauren Ellerman

A few years ago I wrote and published an article in the Virginia Trial Lawyers Magazine about proving liability in an accident case where the defendant in a car or truck accident was a distracted driver. Cell phone records are the best place to start, but did you know that commercial drivers…

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The other Commonwealth gets it right!
The other Commonwealth gets it right! 150 150 Lauren Ellerman

I just read a great article on a movement in Massachusetts where Governor Patrick is recommending the state outlaw (I just love using that word though it is not correctly used here) non-competition agreements in the Commonwealth. According to the author, Attorney Michael Bunis, Governor Patrick proposed a legislative package that…

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Even the federal government knows nursing homes are hurting and killing people!
Even the federal government knows nursing homes are hurting and killing people! 150 150 Lauren Ellerman

So one plus of having billions of our tax dollars going to pay for Granny’s nursing home stay (Medicare pays first 100 days typically and then if Granny qualifies, Medicaid pays the remainder) is that the feds keep a close eye on their money. And last year, the feds released…

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Criminal conviction stands for neglect in group home
Criminal conviction stands for neglect in group home 150 150 Lauren Ellerman

In November of last year a Southside Virginia group home operator was convicted and sentenced for criminal abuse and neglect for failing to obtain sufficient medical care for an injured group home resident. The Court of Appeals in Virginia, has just upheld the court’s conviction. Often we will receive calls…

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Once again, the Court surprises me in a non-compete case
Once again, the Court surprises me in a non-compete case 150 150 Lauren Ellerman

I recently learned of a case out of Eastern Virginia  – Depuy Synthes Sales Inc. v. Jones – where employees of one medical device manufacturer (Depuy), left to join a competing company (Sky Surgical) and were quickly sued by their former employers. In the lawsuit, it was alleged the employees violated…

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