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Lauren Ellerman

CONGRESS HELP US ON ARBITRATION

CONGRESS HELP US ON ARBITRATION 150 150 Lauren Ellerman

There is an article in McKnight’s today: Another bill that would prohibit pre-admission arbitration clauses panned by nursing home operatorsMarch 02 2009U.S. Rep. Linda Sanchez (D-CA) on Friday re-introduced a bill that would prohibit nursing home and assisted living operators from including pre-dispute arbitration clauses in their admissions contracts. Providers…

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CHOICE OF LAW IN EMPLOYMENT CONTRACT

CHOICE OF LAW IN EMPLOYMENT CONTRACT 150 150 Lauren Ellerman

If you have a non-compete Agreement, or any employment agreement, it likely has what we call “A choice of law provision” in it..That means, the parties agree to be bound by the laws of a specific state. Sometimes you will find Arbitration Agreements in the contract, where parties (or just…

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MEDICAID SPEND DOWN

MEDICAID SPEND DOWN 150 150 Lauren Ellerman

Let me guess… Someone just told your family that (1) nursing home is $6000 a month; (2) you have to spend your own money before you can qualify for Medicaid; (3) if you spend your Money incorerctly, you may not qualify for Medicaid.WELL – HERE IS MY ADVICE. Find a…

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SORRY – PROTECTION FROM TESTIFYING

SORRY – PROTECTION FROM TESTIFYING 150 150 Lauren Ellerman

Dan wrote an article yesterday on the last minute Bush Administration change that made nursing home federal investigators “employees” such that they cannot testify in civil suits.Think Dan was making it up? Watch this.msnbcLinks {font-size:11px; font-family:Arial, Helvetica, sans-serif; color: #999; margin-top: 5px; background: transparent; text-align: center; width: 425px;} .msnbcLinks a…

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ORENCIA – the RA DRUG ADVERTISED DURING THE OSCARS

ORENCIA – the RA DRUG ADVERTISED DURING THE OSCARS 150 150 Lauren Ellerman

I am tired this morning – for one reason. I stayed up to watch the OSCARS. For an East Coast girl on a Sunday night, this requires dedication.I cheered for my favorite movies, actors etc – and over the course of the evening, I became obsessed with something not connected…

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BLOOD THINNERS – A WORLD OF PROBLEMS

BLOOD THINNERS – A WORLD OF PROBLEMS 150 150 Lauren Ellerman

We had a case last year where a woman went to a Nursing / Rehab facility after a Knee Replacement for rehab. Of course, her orthopedic surgeon felt that Blood thinners would be a good idea to prevent problems such as clots while she underwent therapy. When the woman arrived…

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DEADLY SURGERIES

DEADLY SURGERIES 150 150 Lauren Ellerman

Wow – opened today’s Wall Street Journal and read a scary article about horrific surgical incidents. What do I mean? Well – imagine sparks from surgical tools starting a fire that consumes gowns, drapes and beds within seconds.Sounds like a terrible movie – but apparently it does occur. How much?…

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NON COMPETE FORM

NON COMPETE FORM 150 150 Lauren Ellerman

Here is a secret. Attorneys sometimes use forms when drafting documents, agreements etc. This of course is frowned upon greatly but it happens.I looked at one of our “form” sources today to see what was being provided in the way of non-compete agreements.Employee shall not compete, directly or indirectly, with…

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IF I AM FIRED, THEY CAN’T ENFORCE MY NON-COMPETE, CAN THEY?

IF I AM FIRED, THEY CAN’T ENFORCE MY NON-COMPETE, CAN THEY? 150 150 Lauren Ellerman

Wow – This is the question of the week.Dear Frith Law Firm:I was let go from my job recently. They can’t enforce my non-compete after firing me, can they?Dear potential client:The answer depends on your individual contract… and they can always file suit, the real question is whether they will…

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TAMPA FLORIDA – NON COMPETES ARE UNENFORCEABLE? RIGHT

TAMPA FLORIDA – NON COMPETES ARE UNENFORCEABLE? RIGHT 150 150 Lauren Ellerman

I am from Tampa Florida, so I occassionaly keep up with the news there. This week, Tampa Tribune had an interesting article about non-compete agreements. The author, and employment lawyer named Randall Love writes “I am periodically surprised by potential clients who believe covenants against competition, or more frequently “noncompete”…

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