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FEDERAL COURT IN ROANOKE RULES IN FAVOR OF EMPLOYEE 150 150 Dan Frith
  • Dan Frith

FEDERAL COURT IN ROANOKE RULES IN FAVOR OF EMPLOYEE

A recent ruling by a federal district judge in Roanoke is a big WIN for the employee in a case with non-compete issues. The case, Zurich American Insurance Company v. Turbyfill and Neuenschwander, involved allegations of conspiracy, breach of a non-compete agreement, and tortious interference with a customer contract. In short, Turbyfill and Neuenschwander were…

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MEDICAL MALPRACTICE LAWSUITS ARE GOOD FOR THE HEALTHCARE INDUSTRY 150 150 Dan Frith
  • Dan Frith

MEDICAL MALPRACTICE LAWSUITS ARE GOOD FOR THE HEALTHCARE INDUSTRY

Okay..all my healthcare provider friends can shoot me their nasty emails over the title to today’s post but their “snarky remarks” aside, I stand by the title. Where would I get such a crazy idea? How about from the one of the most pro-business, conservative newspapers in the United States….The Wall Street Journal (WSJ). The…

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WHAT ARE YOU ENTITLED TO AS SEVERANCE PAY? 150 150 Lauren Ellerman

WHAT ARE YOU ENTITLED TO AS SEVERANCE PAY?

There has been a great deal of turn over in the last few years. People losing jobs. Getting new ones. People on unemployment. And sometimes when people lose a job, and are asked to leave, they wonder if / why / how much of severance they are entitled to. Under Virginia law you are legally…

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WESTERN VIRGINIA MEDICAL MALPRACTICE UPDATE 150 150 Dan Frith
  • Dan Frith

WESTERN VIRGINIA MEDICAL MALPRACTICE UPDATE

For those of us who live in Western Virginia (think Winchester down to Abingdon – think I-81 – think Mountains, not oceans), we have long known that our region has very unique health care needs and challenges. Some small counties have few if any health care providers. Some of our counties and cities have such…

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TORT REFORM AND MEDICINE 150 150 Dan Frith
  • Dan Frith

TORT REFORM AND MEDICINE

As readers of the blog know, I am an attorney who represents patients who have been seriously injured due to medical neglect and incompetence. I have many friends who go on…and on…and on about the need to enact aggressive tort reform to protect the healthcare and pharmaceutical industries from “frivolous” lawsuits. An article in the…

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FACEBOOK, LINKEDIN, AND SOCIAL MEDIA 150 150 Dan Frith
  • Dan Frith

FACEBOOK, LINKEDIN, AND SOCIAL MEDIA

Lets say your employer wants to take full advantage of the available “social media” to make sure as many people as possible know about his company and his products and services. He suggests (or even directs) that you “link” and “friend” not only your current customers and clients but also those targets which are potential…

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MEDICAL MALPRACTICE INVESTIGATION 150 150 Dan Frith
  • Dan Frith

MEDICAL MALPRACTICE INVESTIGATION

When folks call our office about a potential medical malpractice case, I usually say one of the few things: 1. I would not recommend filing suit because ….or2. I would recommend undergoing further investigation to see if there is a lawsuit….. I never say, “You have a lawsuit.” Why? Because no matter what someone tells…

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A NEW POLL FOR OUR READERS 150 150 Lauren Ellerman

A NEW POLL FOR OUR READERS

This is way too much fun. I have posted a poll on our blog (look to the right) with the following question. VIRGINIA IS A RIGHT TO WORK STATE. WHAT DOES THAT MEAN TO YOU? a. My employer cannot fire me without cause. b. My employer cannot prevent me from working elsewhere. c. I have…

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EVERY STATE LAW IS DIFFERENT ON NON-COMPETES 150 150 Lauren Ellerman

EVERY STATE LAW IS DIFFERENT ON NON-COMPETES

If you sign a non-compete agreement, there is likely a provision toward the end of the contract that says CHOICE OF LAW PROVISION. The drafters of the contract most likely inserted language that a certain state law would apply to the agreement. Perhaps your contract has the law of the state where you work.Perhaps your…

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CHOKING IN A VIRGINIA NURSING HOME 150 150 Lauren Ellerman

CHOKING IN A VIRGINIA NURSING HOME

I have heard absolute horror stories about nursing home residents choking in nursing homes, and as a result, dying. Why would someone choke to death in a skilled nursing facility you may wonder? Well sadly, many residents suffer from Dysphagia, which is the medical term for the symptom of difficulty in swallowing. Perhaps they have had…

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PLANNING FOR LONG TERM NEEDS IN VIRGINIA 150 150 Lauren Ellerman

PLANNING FOR LONG TERM NEEDS IN VIRGINIA

Our local paper the Roanoke Times, had an excellent article over the weekend, that featured a local woman as she made decisions about the end of her life. I would recommend you read the article. I was delighted to read of someone who actually made these decisions for herself, rather than avoid the subject and…

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“BUT THEY SAID THEY WOULDN’T COME AFTER ME….” 150 150 Lauren Ellerman

“BUT THEY SAID THEY WOULDN’T COME AFTER ME….”

If I had a dollar for every time an employer told an employee the following, I would be a rich woman and would no longer be writing this blog:            “Don’t worry, we won’t come after you if you take that job with Virginia Corp. LLC. We don’t            consider that a violation of your non-compete.” Employees…

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