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The ‘Wizard of Oz’ approach to employment law 150 150 Lauren Ellerman

The ‘Wizard of Oz’ approach to employment law

Today is Friday. If you are anything like me, you are making plans in your mind for the weekend. Maybe a run. Maybe some laundry. Maybe you are the person who needs some long awaited alone time in your family. Maybe you are planning on wearing your PJs all Saturday with your 18 month old, so you…

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Choice of law provision in an employment contract 150 150 Lauren Ellerman

Choice of law provision in an employment contract

I ran across a well done article for HR professionals today on choice of law provisions in employment contracts. Imagine this scenario – COKE (yes, I mean the company getting all of the negative press for their Superbowl ad (which I didn’t see, but really people, who cares)) has salesmen and women across the country.…

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Who pays for Mama’s nursing home bill 150 150 Lauren Ellerman

Who pays for Mama’s nursing home bill

Who pays for Mama’s nursing home bill? Well, the answer to that question (and most questions asked by a lawyer) is – IT DEPENDS. Nation wide, most short term nursing home bills (up to 100 days) are paid for by Medicare. Those long term nursing home stays are typically paid for by the patient themselves, or…

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No secrets in non-compete litigation 150 150 Lauren Ellerman

No secrets in non-compete litigation

I just read the 5th Circuit’s opinion in a fascinating business tort case, Wall v. Alcon labs. Normally, I don’t spend much time with opinions written by Federal courts outside of the 4th Circuit, simply because they rarely apply to my Virginia cases and clients. But Wall is different. Mr. Wall left his employer after many…

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Hope in Virginia to increase number of nurses in nursing homes 150 150 Lauren Ellerman

Hope in Virginia to increase number of nurses in nursing homes

I am an optimist. I am not naïve, so I know it is very unlikely the following Bill presented by Vivian Watts will become law in Virginia this year, but I remain an optimist. HB 568 would require nursing homes to meet certain basic staffing levels of CNAs and LPNS — they would now be…

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House of Lies = House of Litigation 150 150 Lauren Ellerman

House of Lies = House of Litigation

So I had to keep watching Showtime’s House of Lies to see what happened with Marty Kaan’s threats to open his own consulting firm in LA, in competition with his long time employer Galweather Stern. And maybe I also had to keep watching because I think Kristen Bell’s character has the best work wardrobe I…

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Why the high bar for medical malpractice is hard to reach AND appropriate 150 150 Lauren Ellerman

Why the high bar for medical malpractice is hard to reach AND appropriate

Individuals who call our office have typically suffered a great injury or loss. They wouldn’t be calling an attorney unless they were hurt physically or emotionally by a health care provider. And many of those callers do not (in our firm’s opinions) have a malpractice case or potential lawsuit. The bar in Virginia for filing…

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Dangers of home health care 150 150 Lauren Ellerman

Dangers of home health care

Most families have probably heard rumors about home health care aides taking advantage of their patients financially. I know had heard said rumors for years and believed them to be hyperbolic tales from privileged individuals, fearful that someone with less means would have such intent. This week I learned of a Virginia home health care…

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Finding truth in a House of Lies subplot 150 150 Lauren Ellerman

Finding truth in a House of Lies subplot

Admittedly, I am late to the dance. As usual. I just watched my first episode of Showtime’s House of Lies this past weekend. I think I started with Season 1 or 2 – where Marty and the gang of super dressed consultants learn their firm has just been sold to a new company. This means…

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Eldercare: There’s no single answer 150 150 Dan Frith
  • Dan Frith

Eldercare: There’s no single answer

The title of today’s blog comes from an article in the November 25 edition of the Roanoke Times.  The artice, written by Pamela Knudson, is a good one and discusses how to help aging parents deal with the challeges of aging.  The article provides good advice on how to anticipate, and deal with, parents’ physical…

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Too much…not enough…or the wrong one altogether! 150 150 Dan Frith
  • Dan Frith

Too much…not enough…or the wrong one altogether!

What in the world is this article about?  It is about medication errors which occur every day in American’s nursing homes.  Residents who receive too much of the correct medication or not enough of the doctored ordered medication and even medication meant for the roommate or resident down the hall.  First things first, most nursing…

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When your family is hurt by company negligence 150 150 Lauren Ellerman

When your family is hurt by company negligence

In this morning’s Roanoke Times are two articles about local families who have been injured by company negligence. In one article, a little boy died from an accident he sustained at day care. In another, a family has hundreds of thousands of dollars in medical bills when their child obtained fungal meningitis from tainted steroid…

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