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Tennessee Business Litigation Law Blog 
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Post Frequency: 0.3/day Last Entry: April 18, 2010 at 02:57:58 Recent Entries: 30
By Branham & Day
Go to Tennessee Business Litigation Law Blog, find other Litigation blogs, or browse all law blogs.
Ombudsman Helps Businesses With Conflicts
Posted on February 28, 2007Creating an ombudsman position at your business can assist with effectively dealing with internal conflict short of litigation. Most employment litigation is originated because an employee feels like he or she has a legitimate dispute and no one in management either...
Ombudsman Helps Businesses With Conflicts
Posted on February 28, 2007Creating an ombudsman position at your business can assist with effectively dealing with internal conflict short of litigation. Most employment litigation is originated because an employee feels like he or she has a legitimate dispute and no one in management either cares or listens...
Backdating Lands Top Corporate Execs In Trouble
Posted on February 23, 2007Corporate executives continue to be the subject of government investigations into illegal backdating of stock options. "The inquiries appear to be accelerating as prosecutors home in on cases at companies culled from the 130 or so under investigation by the...
Backdating Lands Top Corporate Execs In Trouble
Posted on February 23, 2007Corporate executives continue to be the subject of government investigations into illegal backdating of stock options. "The inquiries appear to be accelerating as prosecutors home in on cases at companies culled from the 130 or so under investigation by the Justice Department and the Securities and Exchange Commission," according to an AP story on law...
Entertaining New Employment Blog
Posted on February 14, 2007There are several blogs I try to review on a regular basis. Today, I was reading the Wall Street Journal's law blog and it had an entry about a blog I hadn't read before. It is very funny -- something...
Entertaining New Employment Blog
Posted on February 14, 2007There are several blogs I try to review on a regular basis. Today, I was reading the Wall Street Journal's law blog and it had an entry about a blog I hadn't read before. It is very funny -- something I think attorneys and business people need more of in their lives...
Are Pro Se Litigants Afforded an Unfair Advantage in Commercial Litigation?
Posted on February 02, 2007An opinion released a couple of days ago from the eastern section of the Court of Appeals highlights the ongoing disagreement about how pro se litigants should be treated by the Courts. The case, C&W Asset Acquisition v. Oggs, was...
Are Pro Se Litigants Afforded an Unfair Advantage in Commercial Litigation?
Posted on February 02, 2007An opinion released a couple of days ago from the eastern section of the Court of Appeals highlights the ongoing disagreement about how pro se litigants should be treated by the Courts. The case, C&W Asset Acquisition v. Oggs, was a simple breach of contract case involving whether the defendant had failed to make payment on moneys advanced to him under a line of credit...
Corporate Hot Topics In 2007
Posted on January 24, 2007I recommend an interesting article about corporate hot issues in 2007, highlighting new SEC rules about executive compensation disclosures and the like. If the following introduction to the article piques your interest, then read the rest of it here...
Corporate Hot Topics In 2007
Posted on January 24, 2007I recommend an interesting article about corporate hot issues in 2007, highlighting new SEC rules about executive compensation disclosures and the like. If the following introduction to the article piques your interest, then read the rest of it here...
Supreme Court Takes Employment Discrimination Issue
Posted on January 19, 2007An important employment law question will be decided by the U.S. Supreme Court with a couple of Nashville lawyers on the case. The issue is “cat’s paw” liability and the employer is represented by Todd Presnell and Kara Shea in...
Supreme Court Takes Employment Discrimination Issue
Posted on January 19, 2007An important employment law question will be decided by the U.S. Supreme Court with a couple of Nashville lawyers on the case. The issue is “cat’s paw” liability and the employer is represented by Todd Presnell and Kara Shea in the Nashville office of Miller & Martin PLLC...
Scathing Comments Exchanged Between Justices of Michigan Supreme Court.
Posted on January 15, 2007The attached dissent was filed by an associate justice of the Michigan Supreme Court following the recent election of the Court’s Chief Justice. The accusations are serious. However, perhaps the most striking part of the dissent is the language and...
Scathing Comments Exchanged Between Justices of Michigan Supreme Court.
Posted on January 15, 2007The attached dissent was filed by an associate justice of the Michigan Supreme Court following the recent election of the Court’s Chief Justice. The accusations are serious. However, perhaps the most striking part of the dissent is the language and tenor that the Michigan Supreme Court Justices (including both the author of the dissent and the "majority of four" which the dissent decries) have begun to utilize when criticizing one and other...
No Private Right To Sue For HIPPA Violation
Posted on January 10, 2007A federal circuit court has ruled that there is no private right of action for violations of HIPAA (Health Insurance Portability and Accountability Act of 1996). The most recent court to follow the consensus is the Fifth Circuit Court of...
No Private Right To Sue For HIPPA Violation
Posted on January 10, 2007A federal circuit court has ruled that there is no private right of action for violations of HIPAA (Health Insurance Portability and Accountability Act of 1996). The most recent court to follow the consensus is the Fifth Circuit Court of Appeals with a case out of Louisiana...
Is It Ethical to Look Into Someone Else's Metadata?
Posted on January 08, 2007An article over at Law.com looks at a significant question facing lawyers in the 21st century: When is it OK to look at the metadata in an adversary's document? The answer is unsurprising (and unsettling): nobody really knows for sure....
Is It Ethical to Look Into Someone Else's Metadata?
Posted on January 08, 2007An article over at Law.com looks at a significant question facing lawyers in the 21st century: When is it OK to look at the metadata in an adversary's document? The answer is unsurprising (and unsettling): nobody really knows for sure. Metadata reveals information that was not necessarily intended to be saved into the document by the author and/or all others who opened or printed the document by the time it reached the recipient...
Burden of Proof Required to Prove Mitigation of Damages
Posted on January 05, 2007A recent opinion from the Tennessee Court of Appeals highlights the burden that lies with a defendant who is attempting to prove mitigation of damages. In ABC Painting Co. v. White Oaks Apartments, the plaintiff brought suit for defendant’s failure...
Burden of Proof Required to Prove Mitigation of Damages
Posted on January 05, 2007A recent opinion from the Tennessee Court of Appeals highlights the burden that lies with a defendant who is attempting to prove mitigation of damages. In ABC Painting Co. v. White Oaks Apartments, the plaintiff brought suit for defendant’s failure to pay over $21,000...
No Title VII Retaliation Protection For Employee Who Cooperated
Posted on January 03, 2007Is cooperating with a sexual harassment investigation enough to give an employee protection under Title VII’s “opposition” and “participation” clauses? Not necessarily, according to the Sixth Circuit Court of Appeals...
No Title VII Retaliation Protection For Employee Who Cooperated
Posted on January 03, 2007Is cooperating with a sexual harassment investigation enough to give an employee protection under Title VII’s “opposition” and “participation” clauses? Not necessarily, according to the Sixth Circuit Court of Appeals...
2006 Tennessee Business Laws
Posted on December 29, 2006Here are some business-related laws passed by the Tennessee legislature in 2006:Immunity when there is a major disaster for hospitals, voluntary health care providers and community mental health care centers participating in the Emergency Management Assistance Compact or Southern Regional Emergency Management...
2006 Tennessee Business Laws
Posted on December 29, 2006Here are some business-related laws passed by the Tennessee legislature in 2006:Immunity when there is a major disaster for hospitals, voluntary health care providers and community mental health care centers participating in the Emergency Management Assistance Compact or Southern Regional Emergency Management Assistance Compact...
Middle District of Tennessee Rule on Rule 26 Expert Reports Criticized by 6th Circuit
Posted on December 22, 2006In an opinion just handed down by the 6th Circuit Court of Appeals, the Court criticized the application of the Middle District of Tennessee's Local Rule regarding expert witness reports. The Rule states:"Expert witness disclosures shall be made timely in accordance with any...
Middle District of Tennessee Rule on Rule 26 Expert Reports Criticized by 6th Circuit
Posted on December 22, 2006In an opinion just handed down by the 6th Circuit Court of Appeals, the Court criticized the application of the Middle District of Tennessee's Local Rule regarding expert witness reports. The Rule states:"Expert witness disclosures shall be made timely in accordance with any order of the Court, or if none, in accordance with Fed...
TCPA Doesn't Apply To Personal Real Estate Deal
Posted on December 20, 2006The Tennessee Consumer Protection Act does not apply in a transaction in which the defendant is acting in a personal capacity and not as a business agent, according to the Tennessee Court of Appeals at Knoxville. In Abouelata v. Davis, the buyers of...
TCPA Doesn't Apply To Personal Real Estate Deal
Posted on December 20, 2006The Tennessee Consumer Protection Act does not apply in a transaction in which the defendant is acting in a personal capacity and not as a business agent, according to the Tennessee Court of Appeals at Knoxville. In Abouelata v. Davis, the buyers of real estate sued the sellers for, among other things, a violation of the TCPA, alleging that the sellers’ conduct constituted unfair and deceptive acts or practices...
Update on AILF's Legal Action Center Visa Bulletin Litigation (Updated 7/10/07)
The following is the latest update from AILF regarding its pening ...
Litigation Relating To ICE Raids At Swift Meat Packing Plants
This information regarding litigation relating to ICE raids at Swi...
Litigation Strains Virginia Episcopal Docese
Virtue Online reported on Friday that the Episcopal Diocese of Vir...
New Baptist Covenant Blog
Last week, I pointed to the New Baptist Convenant website, now onl...
The Mexico Trucker Blog
I've written before about the perceived problems with relaxed rest...
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Oh, yes. This can be taken in as so many things, especially since you had testif...
How can i sue for a straw purchase?
Anyone can co-sign. A straw purchase would be if you has someone buy the car for...
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Well, he could 1. Get a new job. Sister, I understand ya, if he's anything ...
Can I sue my employer for being unethical, undue stress, and making false promises to get me to stay at my job?
You can sue him personally for it. It's can fall under harassment and possi...
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