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ADVICE FOR THE DAY: CAN YOU TAKE THAT NEW JOB WITH A NON-COMPETE? 150 150 Lauren Ellerman

ADVICE FOR THE DAY: CAN YOU TAKE THAT NEW JOB WITH A NON-COMPETE?

caller asks: “I signed a contract 3 years ago. It says I can’t compete for 2 years, and within 100 miles. I was fired 4 months ago and have been on unemployment. I just got a new offer, can I take it with my new non-compete?” My answer: “It depends on the terms of your…

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NURSING HOME RESIDENT DIES AFTER MULTIPLE FALLS 150 150 Dan Frith
  • Dan Frith

NURSING HOME RESIDENT DIES AFTER MULTIPLE FALLS

This case report comes to us, by way of the American Association of Justice, from Georgia. Morris Ellison, 80, suffered from dementia, cardiovascular disease, hypertension, and other health problems. He had a history of falling and could not walk without assistance. He was admitted to Moran Lake Nursing and Rehabilitation Center, where he suffered numerous…

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EMERGENCY ROOM MISTAKE IN VIRGINIA – CASE SETTLED 150 150 Lauren Ellerman

EMERGENCY ROOM MISTAKE IN VIRGINIA – CASE SETTLED

We just settled a case against an emergency room doctor. It was a sad story as many malpractice cases are sad stories. A mother and wife, in her 60’s, went to the emergency room complaining of pain in her right leg and right knee. Plaintiff advised the defendant physician of her history of deep vein…

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FIDELITY WINS INJUNCTION IN VIRGINIA FEDERAL CASE 150 150 Dan Frith
  • Dan Frith

FIDELITY WINS INJUNCTION IN VIRGINIA FEDERAL CASE

I know Lauren shared an “employee victory” with you yesterday so, in order to balance things out, here is a court decision where the employer can claim victory…at least for the time being. The case is Fidelity Global Brokerage Group, Inc. v. Rodney Gray and Morgan Stanley Smith Barney, LLC and is currently pending in…

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ANOTHER EMPLOYEE VICTORY IN VIRGINIA 150 150 Lauren Ellerman

ANOTHER EMPLOYEE VICTORY IN VIRGINIA

If you are an employee or employer in Virginia who wants to know the latest news on Virginia employment contract and tort cases, you should follow a blog written by PCT Law Group in Northern Virginia. While I suspect they do more work for companies than we do, they publish a most relevant summary of…

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INADEQUATE NURSING LEADS TO DEATH IN NURING HOME 150 150 Dan Frith
  • Dan Frith

INADEQUATE NURSING LEADS TO DEATH IN NURING HOME

Here is a sad story that is inexcusable. Clay Nelson, age 66, moved into a Tennessee nursing home after suffering a stroke. His Care Plan recommended that he be supervised while eating. During dinner one night, Mr. Nelson was found unresponsive. Resuscitative measures were undertaken and pieces of a baked pear were removed from his…

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UGH. WHAT TO DO WHEN LIFE / LAW ISN’T FAIR 150 150 Lauren Ellerman

UGH. WHAT TO DO WHEN LIFE / LAW ISN’T FAIR

Guess what readers? Life isn’t fair. Sometimes, the justice system does not bring about justice. These are harsh truths we must all accept as adults. Do you think it fair that someone can file a lawsuit, accuse you of all of these business torts, not be able to prove them and you still have to…

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WHAT IS THE JOB OF THE MEDICAL DIRECTOR AT A VA NURSING HOME 150 150 Lauren Ellerman

WHAT IS THE JOB OF THE MEDICAL DIRECTOR AT A VA NURSING HOME

Ok, this should not be shocking news to anyone. Nursing homes in Virginia have physician(s) who comes in and serve as the Medical director of each nursing home facility. Under Virginia law, (12VAC5-371-230) the following is required:  A. Each nursing facility shall have a written agreement with one or more physicians licensed by the Virginia Board…

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PLASTIC SURGERY ENDS IN TRAGEDY 150 150 Dan Frith
  • Dan Frith

PLASTIC SURGERY ENDS IN TRAGEDY

This case report comes from Virginia Beach, Virginia. Maritess Lopez, age 36, underwent a five hour operation at the offices of Dr. Matthew Galumbeck. The procedure included a tummy tuck, breast augmentation, and liposuction and was performed under intravenous sedation at the doctor’s office. Lopez was discharged home less than one hour after her surgery.…

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STANDING UP FOR SENIORS 150 150 Dan Frith
  • Dan Frith

STANDING UP FOR SENIORS

I know you have heard the comments and criticisms, “there are too many lawsuits filed in America”…”all trial lawyers are ambulance chasers”…and on and on and on. Maybe you have made some of those comments yourself. I am a trial lawyer and damn proud of it. I think we make a difference in the lives…

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GREAT SOURCE FOR INFORMATION ON NURSING HOMES! 150 150 Dan Frith
  • Dan Frith

GREAT SOURCE FOR INFORMATION ON NURSING HOMES!

Looking for a good nursing home in your locale? Want to know the overall condition of the other residents at the nursing home in order to select the appropriate facility for your loved one? Your search just got easier! National Public Radio (NPR) has created a database of every nursing home in all 50 states.…

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GREAT NEW NURSING HOME SELECTION / INFORMATION RESOURCE 150 150 Lauren Ellerman

GREAT NEW NURSING HOME SELECTION / INFORMATION RESOURCE

Just this week I wrote a blog about choosing a nursing home in Virginia and doing online research on Medicare’s website. Today, a colleague introduced me to a great new resource which allows users to compare nursing homes and the level of care required by patients, with great ease. Check out NPR (national public radio’s)…

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