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CONSIDERATION in VIRGINIA NON-COMPETE AGREEMENTS 150 150 Lauren Ellerman

CONSIDERATION in VIRGINIA NON-COMPETE AGREEMENTS

What is consideration? It is not when your husband opens the car door for you. That is being considerate. It is not when you think about a decision before you make it. That is considering your options. Consideration in any Virginia Contract, is the mutual promise of performance.I will agree to do X, in exchange…

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SURGICAL MISTAKES 150 150 Lauren Ellerman

SURGICAL MISTAKES

bowel perforation. sepsis. leak. adhesions. open repair. follow up surgery. fever. infection. complication. We see these words a great deal in surgical cases. Typically, someone goes in for a non-emergency surgery such as a colonoscopy, hernia repair, removal of a cyst, gallbladder, appendix, etc.. and during the surgery or procedure, the colon or bowel is…

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ANTIPSYCHOTIC DRUGS IN NURSING HOMES 150 150 Dan Frith
  • Dan Frith

ANTIPSYCHOTIC DRUGS IN NURSING HOMES

Did anyone read the Associated Press article in today’s issue of the Roanoke Times? The article, “Push is Under Way to Reduce Drugs for Dementia Patients,” tells a very sad…but very common story. The story reports how antipsychotic medications (examples include Haldol, Serenace, Zyprexa, Clozaril, etc.) are meant to help control hallucinations, delusions, and other…

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CAREGIVING IN VIRGINIA – MEMORY LOSS ETC. 150 150 Lauren Ellerman

CAREGIVING IN VIRGINIA – MEMORY LOSS ETC.

What do you families do when their loved one has memory loss? They can arrange for in home care – maybe provide it themselves They can look for memory loss assisted living care They can search for nursing homes that can provide for their loved ones – safety and medical needs They can worry, do…

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VIRGINIANS WITH NON-COMPETE and/or NON-SOLICITATION AGREEMENTS 150 150 Lauren Ellerman

VIRGINIANS WITH NON-COMPETE and/or NON-SOLICITATION AGREEMENTS

What a year it has been. And we are seeing more and more non-competition and non-solicitation agreements popping up in the most unusual places. Like in day care. Or in tattoo parlors and in hospital rooms. Here are just a few, a sampling really, of the industries we have seen these contracts in this year:…

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REFUSED TREATMENT 150 150 Lauren Ellerman

REFUSED TREATMENT

Citizens frequently call our office complaining that their doctor refused to treat them any longer. “He can’t do that, can he?” they often ask.“I have been going there for years and all of a sudden I got a dear john letter.. or a we can’t treat you any more letter. Isn’t that against the law?”…

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NEWSLETTER ON VIRGINIA NON-COMPETE LAW 150 150 Lauren Ellerman

NEWSLETTER ON VIRGINIA NON-COMPETE LAW

We have published a newsletter on Virginia Non-Compete law for a number of years. To read our Fall 2011 update in this area, all you have to do is click right here.To subscribe to our Non-Compete Newsletter, all you have to do is click right here.To learn more about Virginia law on non-competes, all you…

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VIRGINIA AND NON-COMPETE CONTRACTS 150 150 Dan Frith
  • Dan Frith

VIRGINIA AND NON-COMPETE CONTRACTS

The citizens and businesses in Virginia are eagerly awaiting rulings by the Virginia Supreme Court on the enforceability of non-compete provisions in employment agreements. Presently, these types of restrictions are legal and enforceable in Virginia…in limited circumstances. As reported in the Washington Post, the Court is preparing to hear two cases that could affect virtually…

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NURSING HOME HIT WITH $740,000 FINE 150 150 Dan Frith
  • Dan Frith

NURSING HOME HIT WITH $740,000 FINE

It should have been more…. The U.S. Centers for Medicare & Medicaid Services has fined a Tennessee nursing home nearly $740,000 over findings detailed in a state inspection. The inspection report by the Tennessee Department of Health lists a number of minor infractions and five serious ones at Spring Meadows Health Care Center in Clarksville,…

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FAILURE TO DIAGNOSE 150 150 Lauren Ellerman

FAILURE TO DIAGNOSE

This happens more frequently than you would realize. Patient, we will call him Sam, has stomach pains. Goes to his PCP. PCP says “I think it is gas, or something not to worry about, call back if you still hurt in 3 weeks.” Week 2 – patient is in such exteme pain, he goes to…

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DAMAGES in NON-COMPETE CASES 150 150 Lauren Ellerman

DAMAGES in NON-COMPETE CASES

Let us discuss the following: If you are driving, the car in front of you slams on its brakes, and you have to slam on yours to avoid hitting them… You do avoid hitting them, do you think they can sue you for “almost causing property damage? The answer is: SURE they can sue you,…

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WHAT IF YOUR CONTRACT CHANGES.. AGAIN 150 150 Lauren Ellerman

WHAT IF YOUR CONTRACT CHANGES.. AGAIN

Recently, I have seen more than one individual who over the course of their employment, has been asked to sign not one, not two but three or more agreements containing non-compete language. Upon review I discovered the following: Year 1996 – Contract A was signed – Employment Agreement. California Choice of law. 2 year non-compete…

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