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Oral Modification Prohibitions In Tennessee Contracts

Sam Dreiling August 31, 2016

“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

Suitable Seating

Daniel Ho August 31, 2016

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

Telephonic Testimony: When Is It Allowed?

Joshua Rogers August 31, 2016

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

The Patient Protection And Affordable Care Act – Changing The Practice Of Medicine

Barry E. Lewin August 30, 2016

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

Pill Mill Litigation 101

Kay Van Wey August 24, 2016

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

Hats Off to the Texas Supreme Court

Dennis Fuller August 24, 2016

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

Class Actions in the Employment Law Context

Patrick Brickman August 24, 2016

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

Utilizing the Safety Valve as a Safe Haven in Federal Drug Conspiracy Prosecutions

Eric Nemecek August 24, 2016

Federal drug conspiracy charges can be daunting for defense attorneys and their clients. These cases are often the product of covert investigations spanning years. The quantity of narcotics and the conduct of the conspirators will dictate the potential penalties that can – and will – be imposed. The Mandatory Minimum Sentence Unlike a typical criminal prosecution, the defendant’s conduct and/or

Divorce Coaches: Providing Support for Attorneys and Their Clients

Kathleen Newman August 3, 2016

During the very difficult process of divorce, coaching from a qualified professional can provide support and problem solving assistance to successfully augment legal representation. Attorneys practicing matrimonial law often complain that they spend a lot of time “handholding” their clients, which can distract the attorney from the primary functions of investigating and valuing assets and income, and preparing the financial

Of Landlords and Tenants: How Commercial Leases Can Go Awry

Phil Kaplan August 3, 2016

Robert Burns might as well have been writing about commercial leases. Commercial landlords and tenants can spend months negotiating and drafting comprehensive written lease agreements. No matter how much effort the parties and their attorneys invest in the contracting process, disputes often arise down the road. The following are common problems with commercial leases that can lead to litigation and

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