Federal code 42 U.S.C.A. 2000e-3(b) proscribes employers from "printing or publishing or causing to be printed or published any notice or advertisement that indicates a preferece, limitation, specification, or discrimination" of any particular protected class. For example, advertisements textually or facially soliciting "boys," "girls," "students," or "recent graduates" are suspect. 29 CFR 1625.4 (a) Employers challenged this and the Supreme Court stated this limitation does not violate the … [Read more...]
Mental Injuries in the workplace: Am I covered?
September 25, 2013 by
In 2008, our firm had the pleasure of representing a woman who was employed where many financial transactions took place and cash passed back and forth. The established was robbed and our client was placed into a large safe and held at gun point. Her life was threatened if she called the authorities. The client was traumatized and suffered serious mental injury such that she could not depart her residence for fear of her life. The employer instructed her to return within three days and she … [Read more...]
Sexual Harassment Claim: Quid Pro Quo or Hostile Environment?
September 23, 2013 by
In 1980 the Commission issued guidelines declaring sexual harassment a violation of Section 703 of Title VII, establishing criteria for determining when unwelcome conduct of a sexual nature constitutes sexual harassment, defining the circumstances under which an employer may be held liable, and suggesting affirmative steps an employer should take to prevent sexual harassment. See Section 1604.11 of the Guidelines on Discrimination Because of Sex, 29 C.F.R. § 1604.11 (“Guidelines”). The … [Read more...]
Do step parents have visitation rights in Tennessee?
August 15, 2013 by
The answer is yes. Step parents in Tennessee do have visitations rights under certain circumstances but such rights are not entitled automatically. T.C.A. 36-6-603 set out the following: (a) In a suit for annulment, divorce or separate maintenance where one (1) party is a stepparent to a minor child born to the other party, such stepparent may be granted reasonable visitation rights to such child during the child's minority by the court of competent jurisdiction upon a finding that such … [Read more...]
Must court approve jury award of punitive damages?
August 8, 2013 by
"After a jury has made an award of punitive damages, the trial judge shall review the award, giving consideration to all matters on which the jury is required to be instructed. The judge shall clearly set forth the reasons for decreasing or approving all punitive awards in findings of fact and conclusions of law demonstrating a consideration of all factors on which the jury is instructed." Hodges v. S.C. Toof & Co., 833 S.W.2d at 902. After a jury awards punitive damages, it is … [Read more...]
Fall Risks for Older Adults
June 17, 2013 by
According to a new CDC study published in the Morbidity and Mortality Weekly Report (MMWR), an estimated 234,000 people ages 15 and older were treated in U.S. emergency departments (ED) in 2008 for injuries that occurred in bathrooms. Four out of 5 of these injuries were caused by falls—which can have especially serious consequences for older adults. Almost one-third (30 percent) of adults aged 65 and above who were injured in bathrooms were diagnosed with fractures. Among adults aged 85 and … [Read more...]
Choice of Law on Tennessee (Torts) Personal Injury Cases
May 26, 2013 by
If you sustain a personal injury in a particular state, it is commonly thought and expected that the law of that state (forum) will apply. It is common for a choice of law issue to arise before a trial court where the forum is not the state of where in the personal injury occurred. In Hataway v. McKinley, 830 S.W.2d 53 (Tenn. 1992), Grady Hataway died as a result of injuries he sustained during a scuba dive in a North Little Rock, Arkansas, rock quarry. The dive was supervised by the … [Read more...]
What is difference between separate property and marital property?
April 3, 2013 by
In making its division of property, the trial court must first classify the property as either separate or marital property, pursuant to Tenn. Code Ann. § 36-4-121(b). Kinard v. Kinard, 986 S.W.2d 220, 230 (Tenn. Ct. App. 1998). This distinction is important because Tenn. Code Ann. § 36-4-121(a) provides for the distribution of marital property only. The character of whether the asset or debt is separate or marital is crucial in the proper equitable division of the same. Separate property or … [Read more...]
Divorce mediation required in Tennessee?
March 29, 2013 by
In Tennessee, adjudication of a divorce can occur in two ways. You and your spouse and enter into a marital dissolution agreement whereby division of debts and assets are agreed to. If a marital dissolution agreement cannot be accomplished then a trial must occur before the circuit or chancery court. However, prior to having a final trial a mediation between you and your spouse must occur by a "rule 31" mediator. The Tennessee legislature enacted T.C.A. 36-4-131(a) where each party of a … [Read more...]
Welcome to my family law blog.
March 29, 2013 by
Welcome to my family law blog where I plan to post interesting points of law and fact patterns that may assist you in your research of a particular issue or question you may have. Family law is an emotional arena where emotional issues of relationships and welfare of children are fought for and adjudicated. If I may be of assistance to you with a personal consultation, please feel free to contact our office. … [Read more...]
