People call our office and say “I am not worried because I know my non-compete can’t be enforced.”Seriously? Where did you hear that? (I want to ask). Finally, I found the source of this terrible and incorrect rumor. The internet. I just read an article purporting to give legal advice…
read moreWho is taking care of your loved one in a Virginia Nursing Home?Well – other than the 20 minutes a month a physician will see them for Medicare/ Medicaid certifications, and the few minutes a day an RN will review their chart, they are being primarily cared for by CNAS…
read moreYou know what a scape goat is?Sadly, most of our non-compete litigation cases arise when an employer wants to make an example, and someone becomes the non-compete scapegoat.Employers aggresively pursue breach of contract action against the employee, seeking emergency injunction.Will they win? Maybe, probably not. But that is not really…
read moreFriends, this happens frequently. Assisted Living and Nursing Home residents (mostly female but not exclusively) are victims of sexual assault.I know of cases where staff, other residents, visitors etc. take advantage of these elderly persons.In last week’s Virginia Lawyer’s weekly, our friend in Virginia beach Carlton Bennett obtained a great…
read moreWe can all agree that the men and women of our armed forces deserve the very best in medical care upon returning home, can’t we?Everyone from our Vietnam vets, to those who are serving in Operation Iraqi freedom deserve care that is of the best quality. Sadly, if you read…
read moreVirginia Circuit Court Judge in Fairfax recently held that one member of an LLC could not sue the manager of the LLC for breach of fiduciary duty. The Supreme Court of Virginia agreed. Why was the case dismissed?Because the member did not have standing to bring suit.“Standing” is legal speak…
read moreI am blessed to be one of the many Americans with Health Insurance. My company sends me periodic magazines on general health issues.This month, An Article appeared called “Are Generic and Brand-Name Drugs Really the Same?” The answer according to the article is YES, they are the same…. oh wait,…
read moreI often get calls from people, upset, frantic about a threatening letter received from an ex-employer.The letter may say “We understand you are in breach of your non-compete. Cease immediately or we will seek and injunction against you in a Virginia court and ask for damages in the amount of…
read moreThis is a great story about a local healthcare provider. Roanoke Times reporter Mike Gangloff writes in a breaking news story, that a local anesthetist who worked for two of our largest hospital systems in the area, HCA and Carilion, plead guilty this morning for stealing drugs that were supposed…
read moreI was in the car yesterday (avoiding hail storms) when this news report came on – RAPE CASE HIGHLIGHTS ARBITRATION DEBATE. I assumed it was an elder rape case involving nursing homes (since sexual assault sadly occurs in nursing homes) but was shocked to hear this lively, articulate young woman…
read more