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DO YOU HAVE A MEDICAL MALPRACTICE CASE IN VIRGINIA? 150 150 Dan Frith
  • Dan Frith

DO YOU HAVE A MEDICAL MALPRACTICE CASE IN VIRGINIA?

I have written on this topic before — BUT, I fear the message is so complicated that sometimes people miss the main message. Not every doctor mistake or bad outcome from a surgery or a procedure, is a lawsuit. In some ways, being a plaintiff’s medical malpractice attorney is a little like being a Mathematician.…

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TREND TO COMPETE 150 150 Lauren Ellerman

TREND TO COMPETE

I have long been saying that employees in a bad economy, and employers in a bad economy, are more likely to litigate non-competes. Why? Because you have fewer options and often have to take whatever job you can get – even if it violates your non-compete agreement. I read an interesting employee blog today posted…

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WHY DON’T HOSPITALS ADMIT THEIR MISTAKES? 150 150 Dan Frith
  • Dan Frith

WHY DON’T HOSPITALS ADMIT THEIR MISTAKES?

We hear about horrible instances of medical malpractice in Virginia hospitals everyday. What would happen if the hospitals and doctors just flat out admitted their mistakes? Would there be a huge increase in malpractice lawsuits filed against the hospitals? Would hospitals, and their insurance carriers, pay out such large sums in settlements that they would…

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WHAT IF YOU DON’T HAVE A NON-COMPETE 150 150 Lauren Ellerman

WHAT IF YOU DON’T HAVE A NON-COMPETE

Get this question all the time: Q: “I can compete right? I never signed a non-compete,” caller inquires. A: I try to explain that yes, you may be able to compete, there are some things you can’t do by law, regardless of your employment contract. Q: “Ugh – like what kind of stuff?”(imagine client like…

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EMERGENCY ROOM MISTAKES 150 150 Dan Frith
  • Dan Frith

EMERGENCY ROOM MISTAKES

So many things can happen in your local emergency room. Staff may have the time and ability to provide for all of your needs. or Staff may be too busy or too understaffed to provide for your needs such that mistakes, errors occur. What kind of errors? Given the wrong medication. ED staff fails to…

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LITIGATION MOTIVATION IN NON-COMPETES 150 150 Lauren Ellerman

LITIGATION MOTIVATION IN NON-COMPETES

I am not a psychologist, despite my best attempts at trying to understand what motivates people. I am however, an observer of human behavior and have seen the following trends in non-compete / employment contract litigation. Situation 1 Litigation occurs when an employee breaks his or her contract, takes secret information and tries to use…

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ADVICE GIVEN TO YOUR BOSS ABOUT YOUR NON-COMPETE 150 150 Lauren Ellerman

ADVICE GIVEN TO YOUR BOSS ABOUT YOUR NON-COMPETE

Want to know what legal advice companies receive regarding drafting non-competes such that you employees stay in line? Here it is: http://www.virginiabusinesslitigationlawyer.com/2010/08/noncompete-agreements-getting.html Always good to know what the other side is doing.

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CANCER AND MALPRACTICE 150 150 Lauren Ellerman

CANCER AND MALPRACTICE

I took the Trolley home at lunch today to let the dogs out – and back to work. While on the way back I met a very nice lady named Beth who was riding our local trolley because she had radiation this morning and a bone scan of some kind this afternoon in a different…

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VIRGINIA CODE/ STATUTE ON NON-COMPETES 150 150 Lauren Ellerman

VIRGINIA CODE/ STATUTE ON NON-COMPETES

We get the following question, search query, google question all the time: WHAT DOES THE VIRGINIA CODE SAY ABOUT NON-COMPETES. I could lie and say that in section 8.01-5329046 the Virginia Code says:    “Non-compete agreements are to be disfavored in Virginia… unless of course the employee was a jerk and took some stuff she…

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WILL A VIRGINIA COURT RE-WRITE YOUR NON-COMPETE? 150 150 Lauren Ellerman

WILL A VIRGINIA COURT RE-WRITE YOUR NON-COMPETE?

Often clients will wonder out loud, over email to my office, or over the phone: “Can the court re-write the non-compete if they find it to be overly harsh or over broad?” My answer as of late has sounded something like this: “Thank God No Virginia Court will or has blue-pencil your agreement…. yet!” What…

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END OF SUMMER READING ON NON-COMPETE CONTRACTS 150 150 Lauren Ellerman

END OF SUMMER READING ON NON-COMPETE CONTRACTS

We have seen a few trends in the world of non-compete litigation / review. The following trends are true in our office (please note, I am not stating the following trends are true everywhere else since thankfully I only work here): Most of the people who call us to have their non-compete reviewed so they…

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FOOTBALL COACHES AND NON-COMPETES: ARE YOU KIDDING? 150 150 Dan Frith
  • Dan Frith

FOOTBALL COACHES AND NON-COMPETES: ARE YOU KIDDING?

Nope…I’m not kidding. I am a big college football fan and closely follow the Virginia Tech Hokies. I just ran across an article from a Birmingham, Alabama newspaper titled, “The Next Big Thing in contracts: Will more coaching deals include non-compete clauses?”The article recounts the stories of several SEC football coaches who have moved from…

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