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COSTS OF FILING AN INJURY LAWSUIT IN VIRGINIA 150 150 Lauren Ellerman

COSTS OF FILING AN INJURY LAWSUIT IN VIRGINIA

As of today, if you have been injured in the Commonwealth by (1) a physician; (2) a nursing home; (3) or some other kind of accident (car, etc.), you have a right to file a lawsuit. In malpractice cases, you cannot file and serve the lawsuit until you have experts willing to state that the…

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CARILION CLINIC IN THE NEWS 150 150 Dan Frith
  • Dan Frith

CARILION CLINIC IN THE NEWS

A very interesting lawsuit is moving through the system in Roanoke, Virginia. The case, filed on behalf of Ronald Burchett, initially started out as a fairly routine medical malpractice case. The suit alleged that Burchett was admitted to Carilion Roanoke Memorial Hospital in March 2008. He was septic, had severely low blood pressure and was…

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DUTY NOT TO DEFAME YOUR EMPLOYER 150 150 Lauren Ellerman

DUTY NOT TO DEFAME YOUR EMPLOYER

You know how your Mom told you not to say anything at all if you couldn’t say something nice? She was probably smarter than you realized. 5. DEFAMATION Virginia recognizes two types of actionable defamation: defamation per se and defamation with proof of special damages. At common law, defamatory words are actionable per se if:…

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I SOLD MY BUSINESS…NOW I AM GOING TO COMPETE 150 150 Dan Frith
  • Dan Frith

I SOLD MY BUSINESS…NOW I AM GOING TO COMPETE

Do the same rules apply to employees who sign non-competes to business owners who sell their business but agree not to compete with the new owners? The simple overwhelming answer is NO! Virginia law provides greater protection to employees who sign non-compete agreements as a part of their employment. Why? Because most employees come to…

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TEXAS NURSE ACQUITTED 150 150 Dan Frith
  • Dan Frith

TEXAS NURSE ACQUITTED

I posted a blog back on February 9 titled, “Nurse Going to Jail? Are you Kidding me?” The article was about Texas nurse Anne Mitchell who did the right thing and filed a complaint against a local doctor whom she believed was providing substandard care. The good old doctor, Rolando G. Arafiles Jr., MD, took…

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DUTY TO EMPLOYER PART III 150 150 Lauren Ellerman

DUTY TO EMPLOYER PART III

This is one that always surprised people. On Thursday I wrote about those duties not defined in employment agreements. Read this carefully – I am amazed at how few employees know they have a duty of loyalty to their employers. 4. FIDUCIARY DUTY OF LOYALTY Virginia employees have a duty of loyalty to their employers.…

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ANOTHER VIRGINIA COURT RULES AGAINST NURSING HOME’S REQUEST FOR ARBITRATION 150 150 Dan Frith
  • Dan Frith

ANOTHER VIRGINIA COURT RULES AGAINST NURSING HOME’S REQUEST FOR ARBITRATION

Why don’t Virginia nursing homes give up? Virginia courts do not like enforcing mandatory arbitration agreements contained in nursing home admission contracts. You know…the language which says the nursing home can sue you for failing to pay your charges but if the nursing home staff drops you and breaks your hip you cannot hold the…

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EMPLOYEE DUTIES PART II 150 150 Lauren Ellerman

EMPLOYEE DUTIES PART II

As I wrote about earlier, employees have obligations not defined in their employment contracts. Here are two such obligations under Virginia law. 2. TORTIOUS INTERFERENCE OF CONTRACT3. TORTIOUS INTERFERENCE WITH BUSINESS EXPECTANCYUnder Virginia law, the following elements must exist in a claim of tortious interference with contract/business expectancy: (1) existence of a contract / business…

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EMPLOYEE GETS SUED WITHOUT EMPLOYMENT AGREEMENT 150 150 Lauren Ellerman

EMPLOYEE GETS SUED WITHOUT EMPLOYMENT AGREEMENT

Bad news. You can be sued by your old employer even if you do not have an employment agreement. It’s true. Most Virginians are unaware that they have certain legal obligations to their employer regardless of whether they have an employment contract. These duties are defined and created either by Virginia Code, or the common…

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BAD NEWS FOR GA EMPLOYEES RE NON-COMPETES 150 150 Lauren Ellerman

BAD NEWS FOR GA EMPLOYEES RE NON-COMPETES

Attorneys Shed Light On Proposed “Non-Compete” Changes Georgia lawmakers are working on amending the law regarding noncompetition covenants, but ultimately voters would have to decide whether the law changes. The issue is an important one for Georgia employers, who continue to worry about protecting trade secrets, confidential information and customer relationships when key employees jump…

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HOW MUCH TO MEDICAL MALPRACTICE CASES COST? 150 150 Lauren Ellerman

HOW MUCH TO MEDICAL MALPRACTICE CASES COST?

I told a family this week, that I hoped and prayed that their loved one got better… and if she did heal from the pressure ulcers which developed at a local nursing home, then I would not recommend filing a lawsuit. The husband looked shocked. “How could we let them get away with that?” he…

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FILL IN THE BLANK EMPLOYMENT CONTRACTS 150 150 Lauren Ellerman

FILL IN THE BLANK EMPLOYMENT CONTRACTS

I love marketing… I really do. You have to convince someone they need the product before you can sell it. I came across a reputable lawyer search website that had the following statement as to why Employers should have non-compete agreements: What is a Non-Compete Agreement? This document forms a legal contractbetween an employer and…

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