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VIRGINIA MALPRATICE ATTORNEY 150 150 Lauren Ellerman

VIRGINIA MALPRATICE ATTORNEY

There was a time when I could handle your Virginia divorce. Not any more.There was a time when I could handle a DUI with some basic skill. Again, no longer my specialty.I would not begin to tell you about Tax law, immigration, and it would be malpractice for me to advise you on your Trusts…

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WALMART AND CVS IN LEGAL FIGHT OVER NON-COMPETE 150 150 Dan Frith
  • Dan Frith

WALMART AND CVS IN LEGAL FIGHT OVER NON-COMPETE

This fight will be fun to watch. Walmart Stores Inc., the world’s largest retailer, sued CVS Caremark Corp. (CVS) to stop the drugstore chain from hiring its ex-executive vice president, Hank Mullany, and a judge temporarily barred him from joining the company. Walmart is alleging in a lawsuit filed in Delaware that CVS’s hiring of…

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CONTRACT IS TOO BIG…. “Overbroad” 150 150 Lauren Ellerman

CONTRACT IS TOO BIG…. “Overbroad”

Judges get to have a great deal of fun in non-compete cases. (sarcasm) They get to hear evidence on how contracts are narrowly tailored to protect the legitimate business interests of the company, and that they are not over broad or too big. For example. Company Star City Shower Curtains, sells shower curtains. Only shower curtains.…

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NON-COMPETE FORMS ON THE INTERNET 150 150 Lauren Ellerman

NON-COMPETE FORMS ON THE INTERNET

I understand that both employers and employees read our blog. I know this because of the many search queries that lead to our website, like the following: “Sample Cease and Desist Letter;” or “How to threaten an employee not to take customers.” That being said, our goal is to help employees with their employment contracts and…

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CARILION ROANOKE MEMORIAL NURSE LOSES APPEAL 150 150 Dan Frith
  • Dan Frith

CARILION ROANOKE MEMORIAL NURSE LOSES APPEAL

The facts surrounding this case report are disturbing! Maristela was issued a nursing license on March 15, 2004. At the time of the incidents, Maristela worked 7:00 p.m. to 7:00 a.m. in the Progressive Care Unit at Carilion Roanoke Memorial Hospital (Carilion). After receiving patient complaints and peer complaints, Carilion conducted a formal investigation. Maristela…

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CAN THEY DO THAT? SUE YOU EVEN THOUGH YOU DIDN’T TAKE CUSTOMERS? 150 150 Lauren Ellerman

CAN THEY DO THAT? SUE YOU EVEN THOUGH YOU DIDN’T TAKE CUSTOMERS?

Bad news everyone. Life is not always fair. Your old employer, under Virginia law, can file a lawsuit against you alleging you did terrible things like (1) breach your contract; (2) take customer lists; (3) harm their business etc…. without ANY actual knowledge or proof that you did take their customer list or harmed their…

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THE FIVE MYTHS OF MEDICAL MALPRACTICE: MYTH #5 150 150 Dan Frith
  • Dan Frith

THE FIVE MYTHS OF MEDICAL MALPRACTICE: MYTH #5

Myth #5: Tort Reform Will Lower Physicians’ Insurance Rates. Tort reforms are passed under the guise they will lower physicians’ liability premiums. Not true! While insurers do pay out less money when damages awards are capped…they do not pass the savings along to doctors by lowering premiums. There is little variance in premium levels between…

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YES THEY WILL ACTUALLY SUE YOU 150 150 Lauren Ellerman

YES THEY WILL ACTUALLY SUE YOU

There is no requirement that someone send you a cease and desist letter before they file suit against you. In fact, you don’t have to receive any warning at all… the lawsuit is enough. So, ignore those uninformed people that tell you any of the following untruths about non-compete agreements in Virginia: they are not…

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THE FIVE MYTHS OF MEDICAL MALPRACTICE: MYTH #4 150 150 Dan Frith
  • Dan Frith

THE FIVE MYTHS OF MEDICAL MALPRACTICE: MYTH #4

Myth #4: Malpractice Claims Drive Up Doctor’s Medical Malpractice Insurance Premiums.There is little correlation between malpractice payouts and malpractice premiums paid by doctors. Researchers at the National Bureau of Economic Research (NBER) reported that, “increases in malpractice payments made on behalf of physicians do not seem to be the driving force behind increases in premiums.”…

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YIKES – A VA. CASE WHERE THE EMPLOYER WINS, FOR NOW 150 150 Lauren Ellerman

YIKES – A VA. CASE WHERE THE EMPLOYER WINS, FOR NOW

Dan and I try to keep up with relevant Virginia case law that involves employee non-compete agreements and other business torts. This morning I read about two such relevant cases decided in the Commonwealth recently. One case created great law for employees on tortuous interference of contract cases. The other case is a clear victory for the…

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THE FIVE MYTHS OF MEDICAL MALPRACTICE: MYTH #3 150 150 Dan Frith
  • Dan Frith

THE FIVE MYTHS OF MEDICAL MALPRACTICE: MYTH #3

Myth #3: Doctors are Leaving the Practice of Medicine. The number of practicing physicians in the United States has been growing steadily for decades. In 2007, the most recent year for which data are available, there were 941,304 physicians in the U.S., nearly 20,000 more than the year before. Not only are there more doctors,…

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THE FIVE MYTHS OF MEDICAL MALPRACTICE: MYTH #2 150 150 Dan Frith
  • Dan Frith

THE FIVE MYTHS OF MEDICAL MALPRACTICE: MYTH #2

Myth #2: Malpractice Claims Drive Up The Costs of Medical Care. The costs associated with medical malpractice are a tiny fraction of health care costs. According to the National Association of Insurance Commissioners, the total spent defending claims and compensating victims of medical negligence in 2007 was $7.1 billion—just 0.3% of health care costs. Any…

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