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Lauren Ellerman

YIKES – A VA. CASE WHERE THE EMPLOYER WINS, FOR NOW
YIKES – A VA. CASE WHERE THE EMPLOYER WINS, FOR NOW 150 150 Lauren Ellerman

Dan and I try to keep up with relevant Virginia case law that involves employee non-compete agreements and other business torts.This morning I read about two such relevant cases decided in the Commonwealth recently. One case created great law for employees on tortuous interference of contract cases. The other case is a…

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NURSING HOME FALL CASES
NURSING HOME FALL CASES 150 150 Lauren Ellerman

Falls can be fatal. This is not a lie. Statistically, the leading cause of death among seniors (65 years +) is falls. In 2006, there were 16,650 fall-related deaths or 37% of all deaths among the elderly.So what about falls in nursing homes. Do they happen?Yes, they happen, and sometimes the…

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ADVICE FOR THE DAY: CAN YOU TAKE THAT NEW JOB WITH A NON-COMPETE?
ADVICE FOR THE DAY: CAN YOU TAKE THAT NEW JOB WITH A NON-COMPETE? 150 150 Lauren Ellerman

caller asks:“I signed a contract 3 years ago. It says I can’t compete for 2 years, and within 100 miles. I was fired 4 months ago and have been on unemployment. I just got a new offer, can I take it with my new non-compete?”My answer:“It depends on the terms…

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EMERGENCY ROOM MISTAKE IN VIRGINIA – CASE SETTLED
EMERGENCY ROOM MISTAKE IN VIRGINIA – CASE SETTLED 150 150 Lauren Ellerman

We just settled a case against an emergency room doctor. It was a sad story as many malpractice cases are sad stories.A mother and wife, in her 60’s, went to the emergency room complaining of pain in her right leg and right knee. Plaintiff advised the defendant physician of her…

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ANOTHER EMPLOYEE VICTORY IN VIRGINIA
ANOTHER EMPLOYEE VICTORY IN VIRGINIA 150 150 Lauren Ellerman

If you are an employee or employer in Virginia who wants to know the latest news on Virginia employment contract and tort cases, you should follow a blog written by PCT Law Group in Northern Virginia. While I suspect they do more work for companies than we do, they publish…

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UGH. WHAT TO DO WHEN LIFE / LAW ISN’T FAIR
UGH. WHAT TO DO WHEN LIFE / LAW ISN’T FAIR 150 150 Lauren Ellerman

Guess what readers?Life isn’t fair.Sometimes, the justice system does not bring about justice. These are harsh truths we must all accept as adults. Do you think it fair that someone can file a lawsuit, accuse you of all of these business torts, not be able to prove them and you…

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WHAT IS THE JOB OF THE MEDICAL DIRECTOR AT A VA NURSING HOME
WHAT IS THE JOB OF THE MEDICAL DIRECTOR AT A VA NURSING HOME 150 150 Lauren Ellerman

Ok, this should not be shocking news to anyone. Nursing homes in Virginia have physician(s) who comes in and serve as the Medical director of each nursing home facility. Under Virginia law, (12VAC5-371-230) the following is required:  A. Each nursing facility shall have a written agreement with one or more physicians…

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GREAT NEW NURSING HOME SELECTION / INFORMATION RESOURCE
GREAT NEW NURSING HOME SELECTION / INFORMATION RESOURCE 150 150 Lauren Ellerman

Just this week I wrote a blog about choosing a nursing home in Virginia and doing online research on Medicare’s website. Today, a colleague introduced me to a great new resource which allows users to compare nursing homes and the level of care required by patients, with great ease. Check…

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ARBITRATION AGREEMENTS
ARBITRATION AGREEMENTS 150 150 Lauren Ellerman

Employees.Lend me your ears.Don’t sign a contract with an arbitration clause until you know what it means… Here is a primer on arbitration clauses in Virginia. Read up!

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ARBITRATION AGREEMENTS
ARBITRATION AGREEMENTS 150 150 Lauren Ellerman

Today the Supreme Court of the United States is hearing a case about consumer contracts and specifically, arbitration agreements. Dan and I have written about arbitration agreements at length in both the employment and health care context.Here is an article about nursing homes and arbitration. Here is another article about…

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