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Fatal Beating in Nursing Home Inexcusable 150 150 Dan Frith
  • Dan Frith

Fatal Beating in Nursing Home Inexcusable

I just read a disturbing report of an inexcusable death in a Chicago area nursing home. The family of an elderly man who was beaten to death by a fellow resident of a nursing home last month has filed a lawsuit against Oak Park Healthcare Center (Cook County, Illinois) claiming the facility failed to protect the…

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Life Isn’t Fair and Neither are Non-Compete Agreements 150 150 Lauren Ellerman

Life Isn’t Fair and Neither are Non-Compete Agreements

Consider the following four situations, and ask yourself (1) Is it fair? (2) Is it legal under Virginia law? and (3) Is it morally right?  1.  Long-time employee spends years building relationships with clients. Clients LOVE him. They would follow him anywhere. After 7 years employee BOB is asked to sign a non-compete that says…

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IT Consultants’ Non-Compete Contract Held Unenforceable 150 150 Dan Frith
  • Dan Frith

IT Consultants’ Non-Compete Contract Held Unenforceable

This decision (and it’s a good one) comes from the great state of Massachusetts. The court’s decision in Grace Hunt IT Solutions, LLC v. SIS Software, LLC, et al., should be followed by every judge in the country. Plaintiff Grace Hunt IT Solutions, LLC (“Grace Hunt”) provides software management consulting services. Pursuant to an Asset…

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Dan Frith Named Best Plaintiff’s Lawyer – Personal Injury / Medical Malpractice by Virginia Living Magazine 150 150 Dan Frith
  • Dan Frith

Dan Frith Named Best Plaintiff’s Lawyer – Personal Injury / Medical Malpractice by Virginia Living Magazine

This month, Dan Frith was named by Virginia Living magazine at one of the best plaintiff’s attorneys in Virginia. It is an honor to be included among the best medical malpractice and nursing home neglect attorneys throughout Virginia, including Roanoke, Blacksburg, and Harrisonburg. Each year, the magazine’s editors speak with leading members of the legal community…

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What Does “We” or “Us” Mean in a Virginia Contract – and Should You Care? 150 150 Lauren Ellerman

What Does “We” or “Us” Mean in a Virginia Contract – and Should You Care?

I spent the morning arguing (I know, no surprise) that the words “us” and “we” had very specific meanings in a contract. I went so far as to argue that “the parties,” or “disputants” may not include “us” and “we.” Sound confusing? Or at least non-sensical? Boring? Maybe. It would be but for the fact…

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Nursing Home Laws Vary by State 150 150 Lauren Ellerman

Nursing Home Laws Vary by State

In Virginia, there is no law that: requires a nursing home to have liability insurance requires a nursing home to have a certain number of qualified staff  / per resident (staffing ratio) requires a nursing home medical director to have office hours or make rounds In other states, such laws may exist, but like many…

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What is a Non-Compete Lawyer? 150 150 Lauren Ellerman

What is a Non-Compete Lawyer?

I am a non-compete lawyer. What does that mean? I proudly represent individuals, not businesses, in the evaluation and analysis of non-competition (think non-solicitation, confidentiality, etc) employment agreements. There are those who think my job is to stir up trouble or harm small businesses; rather cartoonish, but popular culture often misses how attorneys help individuals…

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Lawsuit against the Veterans Administration 150 150 Dan Frith
  • Dan Frith

Lawsuit against the Veterans Administration

Last year we had the wonderful opportunity to represent a man who was the victim of medical malpractice at the Veterans Administration. Cases against the VA are more complicated than a normal medical malpractice case, because they are filed under federal law, namely the Federal Tort Claim Act. Under the FTCA you have to file…

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Virginia Nursing Home Fall Case Settled for $200,000 150 150 Lauren Ellerman

Virginia Nursing Home Fall Case Settled for $200,000

Note: Every single case is unique and no case outcome is guaranteed. Last year, I represented the most wonderful family whose mother suffered an accident at a nursing home. She fell and broke her femur during a terrible fall. She was fortunate to partially recover with the help of her loving family, but her life will…

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Kentucky Nursing Home Alters Records, Held Liable 150 150 Lauren Ellerman

Kentucky Nursing Home Alters Records, Held Liable

This month, a Kentucky jury awarded the plaintiff’s family $8 million for the wrongful death of a nursing home resident whose legs were broken following a horrific fall. Even worse, evidence showed that staff altered his records to cover their mistake. Moments after the verdict, the defense attorney denied wrongdoing:  “We categorically deny that there was any…

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USA Today Names Worst Nursing Homes in Virginia 150 150 Dan Frith
  • Dan Frith

USA Today Names Worst Nursing Homes in Virginia

Last week, USA Today listed the worst nursing homes in the country. As many long-term care advocates already know, the Center for Medicare and Medicaid Services (CMS) now ranks nursing homes based on a 1-star to 5-star federal government rating, using data obtained from state agencies. The lowest rated facilities are “much below average” when compared…

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Virginia Truck Accident Lawyer 150 150 Lauren Ellerman

Virginia Truck Accident Lawyer

Sometimes you have the opportunity to serve someone who deserves so much more than a lawsuit can bring them. What is your retirement worth? Your health? What is your independence worth? Would you take a 1million dollars if it meant you had to live in a nursing home for the rest of your life? Would…

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