Determining the Implications of “As-Is” in Real Property Contracts

It is common to see items such as cars and trucks, and even real estate, advertised with the words “As-Is” in the listing.  And it is not uncommon for the contracts that memorialize the agreements for the sale and purchase of these items to also include “As-Is” language. Generally, “As-Is” means that the buyer of real property is purchasing the …

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Sour Grapes

The Tennessee Supreme Court released an opinion on December 6, 2017 that has several implications on estate planning for married individuals.  A married couple can own property as tenants by the entirety. See Bryant v. Bryant, 522 S.W.3d 392, 400 (Tenn. 2017); Tenn. Code Ann. § 36-3-505, 31-1-108.  Tenancy by the entirety is only available to married persons. Grahl v. …

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Real Estate Transfers

Whether directly or indirectly, almost everyone has experience with the transfer of rights in real property.  There are some important things to know about conveying (transferring) rights in real property.  Using the term “rights in real property” is intentional and an important distinction to make at the beginning.  One does not own real property; one owns rights in real property.  …

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Tennessee Billboard Act Declared Unconstitutional

Tennessee has long made a distinction between on-premises and off-premises commercial signs in sign regulations. In general, on-premise signs (those that advertise or point to a good or service provided on the same site as the sign) are less regulated than off-premises advertising signs. This may come to an end. The Western District of Tennessee declared the state law unconstitutional …

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Workers Compensation Physician Panel Provisions: Ignore At Your Own Risk!

Russell Adkins   Tennessee’s workers compensation laws require an employer to offer injured employees with a panel of three or more physicians. An injured employee has the option to select one of those physicians to provide treatment. If the selected physician orders referral to a specialist, the employer is deemed to have accepted the referral unless the employer provides the …

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The Continuing Struggle over Class Action Waivers in Employment Arbitration

Robert Arrington[1] Many employers now have company sponsored employee dispute resolution plans, in which all employees are required to agree to submit employment disputes to binding arbitration. Most such agreements prohibit employees from filing class actions. For the past several years, these provisions have been under attack from the National Labor Relations Board. It appears this controversy may soon be …

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Recent Court of Appeals Decision Clarifies Workers’ Compensation Remedy

In a recent decision, the Tennessee Court of Appeals considered whether a civil action brought by an employee following a sexual assault and robbery on the job should be exclusively remedied under the Tennessee Workers’ Compensation Act.   In the case of Jane Doe, et al. v. P.F. Chang’s China Bistro, Inc., et al, an employee of P.F. Chang’s (hereinafter …

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An Ounce of Prevention is Worth a Pound of Cure

In describing an odd Limited Liability Company (“LLC”) formation that ended in a court battle, the Tennessee Court of Appeals stated that “[a]s was the case with Alice in Wonderland, the evidence reveals that the parties wanted to go “somewhere,” and as the Cheshire Cat explained, if you want to go somewhere, ‘you’re sure to do that, if only you …

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Despite Administrative Turnover, HIPAA Enforcement Highly Active

Last year the HHS Office for Civil Rights continued its current phase of HIPAA enforcement in earnest by increasing focus on audits for healthcare providers and business associates nationwide. As a result, 2016 was a record year for HIPAA enforcement actions and settlements with roughly $22,855,300 paid to OCR as a result of HIPAA violations. While speculation exists that the …

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April Website Update: Seventh Circuit Holds Discrimination Based on Sexual Orientation is Covered by Title VII

There are now two camps when it comes to whether Title VII prohibits discrimination based solely on sexual orientation. In one camp, the EEOC and, most recently, the Seventh Circuit say discrimination on the basis of sexual orientation is sex discrimination for Title VII purposes.  The other camp, including the Sixth Circuit, in which Tennessee resides, and the Fourth Circuit, …

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