New Reasonable Purpose Standard in Tennessee Parental Relocation Case Stringer v. Stringer

relocation

In this post divorce matter, Stringer v. Stringer, the mother filed a petition to relocate with the minor child to Texas pursuant to Tennessee Code Annotated § 36-6-108.  The statute sets out two different standards for the Court to analyze depending upon whether the parents share substantially equal parenting time.  When parents spend substantially equal amounts of time with the child, “[n]o presumption in favor of or against the request to relocate with the child shall arise,” and the trial … [Read more...]

New EEOC Guidance on Retaliation Charge

Knife Behind Back

U.S. Equal Employment Opportunity Commission (EEOC) issued its final Enforcement Guidance on Retaliation and Related Issues, to replace its 1998 Compliance Manual section on retaliation. The guidance also addresses the separate "interference" provision under the Americans with Disabilities Act (ADA), which prohibits coercion, threats, or other acts that interfere with the exercise of ADA rights.  Link to guidance below. https://www.eeoc.gov/laws/guidance/retaliation-guidance.cfm   … [Read more...]

New DOL Rule Significantly Changes Overtime Rules

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Key Provisions of the Final Rule Per new overtime rules set out by the Department of Labor, a new Final Rule focuses primarily on updating the salary and compensation levels needed for Executive, Administrative and Professional workers to be exempt. Specifically, the Final Rule: Sets the standard salary level at the 40th percentile of earnings of full-time salaried workers in the lowest-wage Census Region, currently the South ($913 per week; $47,476 annually for a full-year … [Read more...]

2014 Motorcycle Injury Statistics

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Here are the 2014 statistics on motorcycle injuries and accidents. It takes a year or more to aggregate statistics explaining why 2014 was just published. Our law firm is now litigating a major motorcycle injury and we have done several in the past. We are seeking to promote ourselves more to help those injured in motorcycle wrecks. Often, motor vehicle accidents involving motorcycles are not to be analyzed through the prism of a normal car accident. The rules of the road may be different for … [Read more...]

Did your Doctor Have Permission ? Were You Properly Informed?

informed consent

As a patient in Tennessee receiving medical care, you are entitled to be properly informed and/or warned about scope and/or risks of treatment.  This is referred to as "informed consent" within the legal and medical community.  The matter of Shadrick v. Coker, 963 S.W.2d 726 involved an issue of whether a physician properly informed the patient of the scope of a surgical procedure and if patient provided informed consent.  The issue for the Tennessee Supreme Court was whether the plaintiffs, … [Read more...]

Can you have sex with your psychotherapist and what is the statute of limitation for malpractice ?

therapy 3

In matters of psychotherapy, a patient is in a fragile and vulnerable state where their decisions and acts may lack proper competency and a psychotherapist is in a position of power and/or authority to some extent. The issue for determination in Roe v. Jefferson, 875 S.W.2d 653 was whether the plaintiff Jane Roe's action was barred by the statute of limitations for medical malpractice actions,Tenn.Code Ann. § 29–26–116, under the facts of her case.  During the summer of 1984, Roe was advised by … [Read more...]

Jimmy Johns Franchisee violates National Labor Relations Act as it Unlawfully Disciplined Employees Participating in Union ‘Sandwhich’ Poster Campaign

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Employees of a Jimmy Johns  franchisee were not afforded the opportunity to have paid sick leave.  A number of these employees coordinated with a local union attempting to recruit employees in a marketing campaign protesting lack of such benefits.  The campaign included the staple of Jimmy Johns being a sandwhich on a poster to illustrate the theme of their protest.   The eighth district federal court ruled that franchisee owner unlawfully solicited the removal of protected material from public … [Read more...]

Discovery Rule as Applied to Medical Malpractice in Tennessee

trust doctor

This cause of action involved a patient who brought medical malpractice action against podiatrist who had performed foot surgery, alleging that he had improperly operated on both feet despite only receiving consent to treat right foot, and had negligently performed operation.  Here the Court had to determine whether the common law “continuing medical treatment doctrine” remained viable in Tennessee which operates to toll the statute of limitations in medical malpractice cases until the … [Read more...]

How to Calculate Overtime Pay and Proper Pay Period and When Employers Must Pay

Overtime

The federal overtime provisions are prescribed in the Fair Labor Standards Act (FLSA). Unless you are exempt, you are covered by the Act and must receive overtime pay if you work more than 40 hours in a workweek.   The hourly rate must not be less than 1.5 times their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of … [Read more...]

Statute of Limitations on Products Liability in Tennessee

Dangerous product

In the matter of, Spence v. Miles Laboratories, Inc., 810 F. Supp. 952 (E.D. Tenn. 1992), a hemophiliac, who allegedly contracted acquired immune deficiency syndrome (AIDS) from blood clotting factor concentrate, and his wife sued manufacturer of clotting factor. This Court had previously denied a motion by defendant Miles Laboratories, Inc. (“Miles”) for summary judgment. The case came before the Court on Miles' motion to reconsider. Wynne Spence was born with hemophilia, an inherited … [Read more...]

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We handle personal injury, bankruptcy, divorce, immigration, workers compensation, and social security claims from all across Middle Tennessee, including Music City, Murfreesboro, Franklin, Brentwood, Clarksville, Columbia, Spring Hill, Manchester, McMinnville, Hendersonville, Gallatin, Springfield, Dickson, Fairview, Lebanon, Mount Juliet, Columbia, Shelbyville, Cookeville, Lavergne and Antioch, as well as the counties of Davidson, Williamson, Rutherford, Montgomery, Robertson, Maury, Wilson, Sumner, Cheatham, Dickson, Hickman, Giles, Smith, Trousdale, and Macon.