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Gentry Locke Attorneys Uncover Billing Discrepancy in Meningitis Cases, File $25-Million Lawsuit

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While performing research on behalf of their clients, Gentry Locke attorneys Scott Sexton and Tony Russell uncovered discrepancies in what Insight Imaging – Roanoke told patients and insurance companies they were injecting and what drug was actually injected.

On December 27, 2012, Gentry Locke Rake & Moore filed the first in a series of cases against Insight Health Corp. and related parties. These cases detail allegations of billing improprieties, negligence and misrepresentations related to the injections received by local patients of Insight Imaging – Roanoke.  The lawsuits seek relief for the patients on five different counts: (1) Negligence Per Se, (2) Virginia Consumer Protection Act, (3) Negligence, (4) Gross Negligence, and (5) Fraud. Gentry Locke sees these cases as separate and independent from those filed against New England Compounding, which recently filed for Chapter 11 bankruptcy protection on December 21, 2012.

The lawsuit alleges that Insight Imaging – Roanoke provided patients with invoices that falsely itemized the injected drug as “Depo-Medrol”, the trademarked name of a drug produced by the FDA-regulated company Pharmacia & Upjohn Company, a division of Pfizer. The drug that was purchased and injected into patients was actually methylprednisolone acetate, a generic version produced by New England Compounding Center (“NECC”) in Framingham, Massachusetts. While there are FDA-regulated drug manufacturers that produce sterile generic versions of methylprednisolone acetate, NECC was not only not FDA regulated, but its building was surrounded by a garbage recycling facility.

Insight Imaging has 50 facilities in the United States. Only its Roanoke location purchased the generic version of this drug that was produced by NECC.

This development was reported heavily in local news media:

  • Article in The Roanoke Times (12/28/2012)
  • WDBJ 7 News (CBS affiliate)
  • WSLS Channel 10 News (NBC affiliate)
  • WSET Channel 13 News (ABC affiliate)

Gentry Locke is seeking $25 million on behalf of the widow of Douglas Gray Wingate, who died as a result of the tainted injection. The Firm has also been retained by other clients for whom lawsuits have or will be filed.

Current Case Map from the CDC

Aerial image; copyright 2012 Gentry Locke Rakes & Moore LLP. All rights reserved.

Aerial photograph of area behind New England Compounding Center (NECC). Copyright © 2012 Gentry Locke Rakes & Moore, LLP. All rights reserved. Reproduction without permission prohibited.

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Fungal Meningitis/Tainted Injection Update – in the news

Gentry Locke has begun filing a series of Federal Complaints against New England Compounding Pharmacy, its chief pharmacist, Barry Cadden, and its marketing company, Medical Sales Management.  These cases seek between $5 million and $25 million in damages.  We anticipate filing more cases in the coming weeks. Gentry Locke attorney Scott Sexton was quoted in a recent article by The Roanoke Times: The latest lawsuits advance a new claim: The drug made by New England Compounding might have been contaminated by debris and dust from a recycling plant next door. Knowing the risks posed by the operation, New England Compounding […]

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The Early Bird Gets the Worm: How Getting Out Ahead of the Government Can Really Pay Off

On December 11, 2012, HSBC, the “world’s local bank” announced that it had entered into a Deferred Prosecution Agreement (“the Agreement”) with the Department of Justice (found here– link opens in a new window) that required HSBC to pay $1.9 billion in criminal fines for decades of improper banking practices, notably in the world of money laundering, drug cartels, and arms dealings. At first blush, many might think that a $1.9 billion fine is a harsh penalty, even for a global bank such as HSBC. Though the $1.9 billion fine is the largest in the history of the banking industry, […]

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Monica Monday Highlighted in “Virginia Legal Elite” for Appellate Law

Gentry Locke Partner Monica T. Monday was chosen to be featured in a full-page profile in Virginia Business magazine. In the December issue, which names Virginia’s Legal Elite, editors of the magazine highlight only one attorney in each practice area with a full-page profile. Monday, who chairs Gentry Locke’s Appellate Law group, was featured for Appellate Law in recognition for her focus in handling appeals before the higher courts. In addition to many other honors, Monday was a 2006 “Leaders in the Law” honoree by Virginia Lawyers Weekly. Learn more about Monica Monday at www.gentrylocke.com/monday.

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Confidentiality Policy that Would Prohibit Employees From Discussing Wages Found Unlawful

This article appeared in the Winter/Spring 2013 issue of “Virginia Human Resources Today” magazine. Your CEO tells you that she wants a strong “confidentiality” policy in the Employee Handbook. You update your Company’s policy intending to safeguard the Company’s “confidential” information. But, here’s the catch — if your policy as written would lead an employee to believe that he is not free to discuss his wages or working conditions with coworkers or outsiders, the NLRB will likely conclude it is unlawful! In Flex Frac Logistics, LLC, 358 NLRB No.127 (Sept. 11, 2012), a non-union company had all employees sign an […]

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Gentry Locke one of US News 2013 “Best Law Firms”

U.S. News Media Group and Best Lawyers have named the Virginia law firm of Gentry Locke Rakes & Moore, LLP to its 2013 list of “Best Law Firms”. The rankings, presented in tiers, showcase more than 10,000 law firms ranked nationally or by metropolitan region. Firms were ranked nationally in one or more of 80 legal practice areas and by metro or state in 118 practice areas. These rankings feature law firms given consistently impressive performance ratings by clients and peers, as the rating procedure combines hard data with peer reviews and client assessments Gentry Locke’s 2013 Best Law Firms Rankings […]

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Hiring New Employees: New FCRA Requirements & Important Reminders

Before January 1, 2013, employers must provide the new Fair Credit Reporting Act (FCRA) Summary of Rights to individuals before taking any adverse employment action based on the contents of a background report obtained from a third party. The good news is that the procedural requirements under the FCRA are the same – the only change is the updated Summary of Rights, which can be found here. The most significant revision is that the Summary of Rights now directs contacts to the new Consumer Financial Protection Bureau (CFPB), which is the federal agency now responsible for interpreting the FCRA. Employers […]

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Gentry Locke Named in 2013 U.S. Top Ranked Law Firms

The Virginia law firm of Gentry Locke Rakes & Moore, LLP is pleased to have been named one of the 2013 U.S. Top Ranked Law Firms.  The list will appear in Fortune magazine’s December 24th Special 2013 Investor’s Guide, as well as in the January 2013 editions of Corporate Counsel and The American Lawyer, published by American Lawyer Media. The list was compiled by LexisNexis Martindale-Hubbell and is based on Gentry Locke’s large percentage of AV-rated attorneys.  AV Ratings are the highest an attorney can attain from Martindale-Hubbell, and is based upon reviews by judges and peers. Retaining top-rated attorneys is a reflection of […]

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Tainted Epidural Steroid Injection Update

As more Virginia residents have become seriously ill with meningitis associated with tainted epidural steroid injections, Gentry Locke has assembled a diverse team of professionals to handle these cases. While our clients are busy recovering from fungal meningitis to which they should have never been exposed, our attorneys and experts are devoting great attention to the developing details and the individual circumstances of each case. We have consciously chosen to carefully review all of these issues in order to develop a comprehensive strategy for recovery and success before filing lawsuits. Facts are continuing to develop. Gentry Locke attorneys are focusing […]

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Fungal Meningitis Update

The Virginia law firm of Gentry Locke Rakes & Moore, LLP has been retained to represent individuals who received tainted epidural cortisone injections (Methylprednisolone acetate) that have resulted in a rare fungal meningitis. Steroid injections sourced from New England Compounding Center (NECC) — the apparent source of the tainted injections — appear to have been administered to hundreds of people in Virginia, in addition to other states across the nation. An October 16th, 2012 FDA statement now reports that other injectables that were compounded at the NECC Massachusetts facility are suspected of being tainted as well; one for heart transplant patients, and a second epidural steroid […]

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Alert: Employers Take Note: Employee Voting Rights in Virginia

As Election Day approaches, it is important that employers understand their responsibilities under the law. In Virginia, there is no general statute that requires employers to give employees time off to vote. However, as in any situation, employers should take a reasonable approach; if an employee may not have an opportunity to vote otherwise, particularly if his/her work hours fully encompass polling hours, an employer should strongly consider allowing the employee time off to vote. If an employee has been officially appointed as an officer of the election by the local board of elections, then this employee has several statutory […]

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Gentry Locke Attorney Margaret “Megan” Brown Recognized with Women of Achievement Award

The Virginia law firm of Gentry Locke Rakes & Moore, LLP is pleased to announce Associate Margaret A. “Megan” Brown has been recognized with the 2012 DePaul Community Resources Women of Achievement Award in the category of Law. Brown accepted the award at a luncheon on Oct. 2 at the Sheraton Roanoke Hotel & Conference Center. Brown, who focuses largely on medical malpractice matters, volunteers for Big Brothers Big Sisters of SW Virginia. She has also volunteered for several years for the Roanoke Bar Association’s Book Buddies Program, and is a pro bono volunteer for Blue Ridge Legal Services. Brown […]

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2013 “Top Rated Lawyers” at Gentry Locke

Seventeen attorneys at the Roanoke, Virginia law firm of Gentry Locke Rakes & Moore, LLP have been named “Top Lawyers” for 2013. American Lawyer Media, a leading provider of news and information to the legal industry, has teamed with Martindale-Hubbell™ to highlight the following “Top Rated Lawyers” in the November issue of The American Lawyer: J. Rudy Austin: Litigation, Construction Law, Insurance Law Thomas J. Bondurant: Criminal Law Matthew W. Broughton: Litigation, Civil Law G. Franklin Flippin: Business & Commercial Diane J. Geller: Labor and Employment, Business & Commercial, Franchise Law W. William Gust: General Practice, Taxation, Trusts and Estates Gregory D. […]

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Three Gentry Locke Attorneys Named “2013 Roanoke Lawyer of the Year”

Three attorneys at the Roanoke, Virginia law firm of Gentry Locke Rakes & Moore, LLP have been named “2013 Roanoke Lawyer of the Year” by Best Lawyers. Only a single lawyer in each practice area in each community is honored by Best Lawyers as “Lawyer of the Year”. K. Brett Marston: Best Lawyers Roanoke Lawyer of the Year for Construction Law (2013) G. Michael Pace, Jr.: Best Lawyers Roanoke Lawyer of the Year for Real Estate Law (2013) and Corporate Law (2013) William R. Rakes: Best Lawyers Roanoke Lawyer of the Year for Banking and Finance Law (2013) Previous honorees and their year for […]

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Three Gentry Locke Attorneys Receive Client Distinction Awards in 2012

Gregory D. Habeeb, Anthony M. Russell, and Charles L. Williams, partners at the Roanoke, Virginia law firm of Gentry Locke Rakes & Moore, LLP, have received Client Distinction Awards from Martindale-Hubbell. Clients who took the time to fill in a survey rated them exceptionally high in the following areas of service: Communications Ability Responsiveness Quality of Service Value for Money Less than 4% of the 900,000+ attorneys listed on martindale.com and lawyers.com have been accorded this Martindale-Hubbell honor of distinction.

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Super Lawyers Business Edition US Lists Thirteen Gentry Locke Attorneys

Super Lawyers Business Edition has named thirteen Gentry Locke attorneys to its United States 2012 edition: J. Rudy Austin – Construction Litigation E. Scott Austin – Criminal Defense/White Collar G. Franklin Flippin – Business/Corporate Gregory J. Haley – Business Litigation Guy M. Harbert, III – Plaintiff Defense/General Paul G. Klockenbrink – Employment & Labor K. Brett Marston – Construction Litigation Monica T. Monday – Appellate G. Michael Pace, Jr. – Real Estate W. David Paxton – Employment & Labor William R. Rakes – Business Litigation J. Scott Sexton – Business Litigation Bruce C. Stockburger – Business/Corporate Super Lawyers Business Edition is an annual […]

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Alert: Workplace Investigations, New Issues Surrounding Confidentiality

Businesses routinely conduct investigations into workplace misconduct and other incidents. In most investigations, the individuals interviewed and the person who brought the complaint are directed not to discuss the investigation with others. Plenty of good reasons exist for this practice, which many HR professionals believe is a “best practice.” In two very recent actions, this practice has been attacked by the government and found to be unlawful. While no court has upheld this challenge to the standard confidentiality approach to workplace investigations, these recent actions suggest that employers should evaluate their current practices going forward. On July 30, 2012, the […]

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Workplace Investigations: New Issues Surrounding Confidentiality

Businesses routinely conduct investigations into workplace misconduct and other incidents. In most investigations, the individuals interviewed and the person who brought the complaint are directed not to discuss the investigation with others. Plenty of good reasons exist for this practice, which many HR professionals believe is a “best practice.” In two very recent actions, this practice has been attacked by the government and found to be unlawful. While no court has upheld this challenge to the standard confidentiality approach to workplace investigations, these recent actions suggest that employers should evaluate their current practices going forward. On July 30, 2012, the […]

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Gentry Locke Welcomes Four New Attorneys

The Virginia law firm of Gentry Locke Rakes & Moore is pleased to announce the addition of the following four attorneys: Les S. Bowers joined the Firm in September of 2012, and will practice with the Firm’s Personal Injury and Products Liability groups. Bowers received his undergraduate degree from the University of Virginia, McIntire School of Commerce in 2005 and his J.D. from the University of Virginia School of Law in 2008. He is licensed to practice law in both Virginia and North Carolina, and has been admitted to the U.S. Supreme Court Bar Association, Fourth Circuit Court of Appeals, […]

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Twenty-four Gentry Locke Attorneys Named “Best Lawyers”

Twenty-four attorneys at the Roanoke, Virginia law firm of Gentry Locke Rakes & Moore, LLP have been named Best Lawyers for 2013. The attorneys, along with their dates of inclusion, are as follows: J. Rudy Austin – Personal Injury Litigation (1993-2013) Thomas J. Bondurant, Jr. – Corporate Compliance Law and Criminal Defense: White-Collar (2011-2013) Matthew W. Broughton – Personal Injury Litigation – Plaintiffs (2013) and Product Liability Litigation – Plaintiffs (2010-2013) David N. Cohan – Copyright Law (2011-2013) and Trademark Law (2011-2013) Lewis A. Conner – Corporate Compliance Law (2011-2013) and Corporate Governance Law (2011-2013) G. Franklin Flippin – Banking […]

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Gentry Locke, Attorneys Noted in 3 Benchmark Litigation Publications

The Virginia law firm of Gentry Locke Rakes & Moore, LLP and six of its attorneys were noted in the 2013 Edition of Benchmark Litigation, which states it is “the definitive guide to America’s leading litigation firms and attorneys.” Benchmark Appellate Litigation Stars 2013: William Rakes Monica Taylor Monday James O’Keeffe Benchmark Local Litigation Stars 2013 – Plaintiffs: Gentry Locke was Highly Recommended on the firm level for this category S.D. Roberts Moore – Product Liability W. David Paxton – Employment/Labor Benchmark Litigation 2013 Local Litigation Stars: Gentry Locke was Recommended on the firm level for this category J. Rudy Austin – General […]

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Court Ruling Affirms EEOC’s Broad Reach

This article first appeared in Staffing Industry Analysts’ online publication, “The Staffing Stream.” This and other articles are available at the link below. It seems like every week there is some decision, guidance or policy change that alters companies’ ability to transact business. Whether it’s the courts, the Equal Employment Opportunity Commission or the National Labor Relations Board, the employment law landscape is constantly changing. In July, Randstad suffered a blow as did all of staffing companies that have multiple offices and place a significant number of temporary employees. These staffing firms are the unfortunate recipients of an EEOC Charge. […]

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Virginia Case Illustrates Risks of Internal E-mail Communications

There was recently an employment discrimination case in Roanoke that provides a valuable lesson to HR professionals. Here are the key facts: Manager supervises an employee whose job performance is deemed to be deficient. He drafts proposed written warning, and emails it to HR for review. Employee belongs to protected class (e.g., race, age, gender, disability) and/or there is a reason for the company to exercise caution before implementing any disciplinary action against employee (e.g., lengthy service; employee has exercised rights–complained, taken FMLA leave; good performance reviews). HR edits the proposed warning, and sends e-mail to manager with comments. Company […]

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Unnecessary Procedure Leads to Wrongful Death

The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.

Wise County Circuit Court Gentry Locke Rakes & Moore for the Plaintiff Thomas R. Scott, Jr., co-counsel The Plaintiff (who is deceased) developed blood flow problems in her left leg, which was treated by an interventional radiologist. During that treatment, that radiologist elected to perform an unnecessary procedure on her right leg. This led to multiple complications, additional procedures, amputation of the right leg below the knee, and subsequent death. The deceased was eighty years of age when she died and was survived by her four sons. No settlement offers were made prior to trial. The case went to trial and resulted […]

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Who is Responsible?

This article was published on “The Staffing Stream,” an online blog sponsored by Staffing Industry Analysts. To read this article and more on their site, click the link offered below the article. Who’s the boss? And who is liable in the event there is an issue? Employers and courts have been mulling through this problem. However it all comes down to the control that the employer has over its workers. Last month, the need for some type of written agreement between customers and their staffing vendors defining their relationship may have just become clearer when the U.S. Court of Appeals […]

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Employers Face Significant Challenges Complying With the ADA Amendments Act

This article appeared in the Summer/Fall 2012 issue of “Virginia Human Resources Today” magazine. Are you aware of the dramatic developments within the last year as a result of the ADA Amendments Act of 2008 (“ADAAA”)? If not, read on! In amending the ADA, Congress expressed its view that the definition as to whether a person was “disabled” was being interpreted too narrowly and that persons with impairments such as cancer, diabetes and epilepsy, to name a few, were being improperly denied protection under the law. The ADAAA states that the definition of disability should be interpreted broadly in favor […]

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Alert: New FMLA Guidebook Available

The Department of Labor (“DOL”) has issued a new guidebook designed to make it easier to understand the complicated set of rules that comprise the Family and Medical Leave Act (“FMLA”). The guidebook attempts to set out the regulations in simpler and more direct language. The pamphlet includes a flowchart that will allow employees to determine if they are eligible for FMLA leave. The guidebook is designed mainly for use by employees. The DOL hopes employees will take the guidebook to medical providers because it includes a detailed explanation of the medical certification process. The end of the guidebook outlines […]

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Attorney Bondurant featured in article in Valley Business Front magazine

Gentry Locke partner Tom Bondurant was the subject of an article written by Susan Ayers for the July 2012 issue of Valley Business Front magazine. The article focused on the changes experienced by Bondurant following his move from a highly successful career as a government prosecutor to his current position in private practice within Gentry Locke’s Criminal & Government Investigations team. Bondurant works proactively, getting involved as early as possible to investigate potential issues for clients in order to save them the cost and risk involved with going to trial. In the article, Bondurant states, “The best work you do, no one knows […]

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Cox Executive Panel

On July 24, 2012, Gentry Locke Partner Diane Geller offered the legal perspective as one of a panel of experts representing human resources, legal and educational arenas. “Building a Workforce for Success” focused on the challenges of building a diverse workplace.

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Twenty-four Gentry Locke Attorneys Named to “Virginia Super Lawyers” for 2012

Fifteen Gentry Locke Rakes & Moore attorneys have been named Virginia Super Lawyers for 2012, and nine have been named Virginia Super Lawyers Rising Stars. Virginia Super Lawyers: J. Rudy Austin: Construction Litigation Matthew W. Broughton: Personal Injury Plaintiff: General G. Franklin Flippin: Business/Corporate W. William Gust: Tax Gregory J. Haley: Business Litigation Guy M. Harbert, III: Personal Injury Defense: General Paul G. Klockenbrink: Employment & Labor K. Brett Marston: Construction Litigation Monica T. Monday: Appellate S. D. Roberts Moore: Professional Liability: Plaintiff G. Michael Pace, Jr.: Real Estate W. David Paxton: Employment & Labor William R. Rakes: Business Litigation […]

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Settlement Approved for Girl Hit by Car

The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.

Gentry Locke Rakes & Moore for the Plaintiff Roanoke City Circuit Court Our client (a minor) was walking to school when she was hit by a car. She suffered serious injuries, including injuries to her knee, and had medical expenses in excess of $34,000.00. The Defendant only had insurance coverage of $100,000 and paid the full amount of the policy.

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Alert: D.C. Circuit Enjoins NLRB from April 30 Notice Posting Rule

As you probably know, the NLRB promulgated a controversial rule that would have required virtually all employers to post an “Employee Rights” Notice by April 30 (see www.nlrb.gov/poster). This rule was subject to two court challenges. On Friday April 13, 2012, a Federal District Court in South Carolina held that the NLRB lacked authority to issue the rule. Chamber of Commerce v. NLRB, 2:11-cv-02516-DCN (D. S.C. Apr. 13, 2012). The other case, Nat’l Assn. of Manufacturers v. NLRB, was on appeal to the D.C. Circuit Court of Appeals. In an Order entered this morning, the D.C. Circuit granted NAM’s emergency […]

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Gentry Locke Attorneys Listed in 37 “Legal Eagle” Categories

Gentry Locke attorneys were listed in 37 categories for “Legal Eagles” Awards in Virginia Living  Magazine: Antitrust Law: William R. Rakes Appellate Practice: Monica T. Monday Banking & Finance Law: G. Franklin Flippin, G. Michael Pace, Jr., William R. Rakes Bet-the-Company Litigation: William R. Rakes Commercial Litigation: Gregory J. Haley, Kevin W. Holt, William R. Rakes, J. Scott Sexton Construction Law: K. Brett Marston Copyright Law: David N. Cohan Corporate Compliance Law: Lewis A. Conner Corporate Law: G. Franklin Flippin, G. Michael Pace, Jr., William R. Rakes Criminal Defense – White Collar: Thomas J. Bondurant, Jr. Eminent Domain & Condemnation […]

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Alert: President Obama’s Labor Board Takes Actions

The pro-union members of President Obama’s National Labor Relations Board have made no secret of their desire to make it easier, and more likely, for employees to bring unions to their workplaces. This article highlights two recent NLRB actions, and provides employers with some practical advice. The NLRB’s “Employee Rights” Notice Must Be Posted by April 30, 2012 Barring a last minute court decision, by April 30, 2012 virtually all employers will be required to post the NLRB’s “Employee Rights” Notice. The Notice, available at nlrb.gov, must be 11 x 17 inches and posted wherever employee notices are posted and/or […]

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Settlement on Uninsured Motorist Accident

The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.

Gentry Locke Rakes & Moore for the Plaintiff Rockingham County Circuit Court Our client was rear-ended by an uninsured motorist and suffered injuries to her neck and back. She ultimately required neck surgery. Plaintiff sought recover under her own uninsured motorist policy.

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