During this election season, the fact that the United States is the only developed country without paid family and medical leave has been a talking point for more than one candidate. Yet the prospect of mandatory paid leave can seem a bit daunting for employers who are still struggling to curb unpaid leave abuse. It’s undeniable that the Family Medical
Historically, antenuptial agreements have been seen as the antithesis of romance. What could be less romantic than planning for an ending that could be less than happily ever after? However, with a divorce rate at nearly 50 percent for first marriages and 60 percent for second marriages, many people are reconsidering the use of antenuptial agreements as a way to
“#What?” That’s what many of us lawyers who were not weaned on the Internet actually think when we see a hashtag (the “#” symbol immediately followed by a word or phrase with no spacings). Actually, only the “What?” registers with some of us. Th e # symbol oft en causes a mental block to many over the age of 50.
“It is worth noting that the language of an executed and lawful written agreement is important to the determination of the parties intended consent.” It has been long settled in Tennessee that non-written contract modification agreements may be given effect notwithstanding written provisions strictly prohibiting the same. Lancaster v. Ferrell, 397 SW2d 606, 611-612 (2011). During WWI, Tennessee courts followed
In Kilby v. CVS Pharmacy, the California Supreme Court attempted to clarify the meaning of the “suitable seating” requirement in the Division of Labor Standards Enforcement wage orders. It specifically states that, “All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” The court decided Kilby in response to
As a litigator, there may be times in your practice when a witness is not available or unwilling to come to court to testify. Typically you would take the witness’ deposition and attempt to introduce it pursuant to Rule 804 of the Tennessee Rules of Evidence, as the declarant is unavailable. However, there may be times that you are unable
Medical standards of care are influenced by direct and indirect factors. This article addresses some changes initiated by both The Patient Protection and Affordable Care Act of 2010 (Obamacare) and the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA). The standard of care requires health care providers to act with the knowledge and skill expected of others in the
The first time I handled a pill mill case I was 20 pounds thinner, had big permed hair and wore polyester. Back in the day, people didn’t understand much about pill mills, so this type of litigation was a true novelty. However, at long last, the prescription drug epidemic is taking its rightful place in the news and now almost
Once in a blue moon, the Texas Supreme Court issues an opinion that addresses an issue that is purely family law related. By that standard, there was a blue moon June 24, 2016. That is the day the Supreme Court issued the opinion in Ochsner v. Ochsner. This opinion potentially impacts tens, if not hundreds, of thousands of people paying
Over the last two months, we have talked about different types of class actions and how to recognize them in your everyday practice. Those articles focused mainly on consumer protection cases. However, there’s one type of case that warrants its own discussion given its idiosyncrasies and importance. This is the wage and hour class action. Wage and hour class actions
During this election season, the fact that the United States is the only developed country without paid family and medical leave has been a talking point for more than one candidate. Yet the prospect of mandatory paid leave can seem a bit daunting for employers who are still struggling to curb unpaid leave abuse. It’s undeniable that the Family Medical
Historically, antenuptial agreements have been seen as the antithesis of romance. What could be less romantic than planning for an ending that could be less than happily ever after? However, with a divorce rate at nearly 50 percent for first marriages and 60 percent for second marriages, many people are reconsidering the use of antenuptial agreements as a way to
“#What?” That’s what many of us lawyers who were not weaned on the Internet actually think when we see a hashtag (the “#” symbol immediately followed by a word or phrase with no spacings). Actually, only the “What?” registers with some of us. Th e # symbol oft en causes a mental block to many over the age of 50.
“It is worth noting that the language of an executed and lawful written agreement is important to the determination of the parties intended consent.” It has been long settled in Tennessee that non-written contract modification agreements may be given effect notwithstanding written provisions strictly prohibiting the same. Lancaster v. Ferrell, 397 SW2d 606, 611-612 (2011). During WWI, Tennessee courts followed
In Kilby v. CVS Pharmacy, the California Supreme Court attempted to clarify the meaning of the “suitable seating” requirement in the Division of Labor Standards Enforcement wage orders. It specifically states that, “All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” The court decided Kilby in response to
As a litigator, there may be times in your practice when a witness is not available or unwilling to come to court to testify. Typically you would take the witness’ deposition and attempt to introduce it pursuant to Rule 804 of the Tennessee Rules of Evidence, as the declarant is unavailable. However, there may be times that you are unable
Medical standards of care are influenced by direct and indirect factors. This article addresses some changes initiated by both The Patient Protection and Affordable Care Act of 2010 (Obamacare) and the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA). The standard of care requires health care providers to act with the knowledge and skill expected of others in the
The first time I handled a pill mill case I was 20 pounds thinner, had big permed hair and wore polyester. Back in the day, people didn’t understand much about pill mills, so this type of litigation was a true novelty. However, at long last, the prescription drug epidemic is taking its rightful place in the news and now almost
Once in a blue moon, the Texas Supreme Court issues an opinion that addresses an issue that is purely family law related. By that standard, there was a blue moon June 24, 2016. That is the day the Supreme Court issued the opinion in Ochsner v. Ochsner. This opinion potentially impacts tens, if not hundreds, of thousands of people paying
Over the last two months, we have talked about different types of class actions and how to recognize them in your everyday practice. Those articles focused mainly on consumer protection cases. However, there’s one type of case that warrants its own discussion given its idiosyncrasies and importance. This is the wage and hour class action. Wage and hour class actions
