Attorney’s’ Fees – Who Pays?

If you believe the loser pays the attorney’s fees of the winner in a lawsuit, you are probably wrong. The general rule in the United States is that each party is liable for its own attorney’s fees. The loser pays only court costs (filing fees) and in some cases, in the discretion of the Court, is awarded other costs such …

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Why a Document Retention Plan Is Important

We are often called upon to litigate disputes involving lost or missing documents. Contracts, receipts, cancelled checks, invoices and other documents are often the best evidence to prove – or disprove – a claim. A litigant who enters a courtroom without this evidence is at a serious disadvantage. Consider, for example, the case of a vendor who swears that invoices …

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Tennessee’s Treatment of Pretermitted Children

The structure of a family tree can change quickly, especially for parents planning to have additional children.  Can children born into the family after the execution of a Will still inherit from their parents?  If a testator doesn’t provide for one of his or her children in the Will, is that child considered to be disinherited?  Tennessee law answers these …

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Liability For Injury Occuring On One’s Property

When is a homeowner or business owner responsible for injuries occurring on his or her property? Like many legal questions the answer is “it depends.” As a general rule the owner is required to exercise reasonable care to maintain the premises in a safe condition for those who come on the property. An owner must correct or warn against any …

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Special Taxation Districts: Use with Care

Business communities looking to improve their infrastructure may consider funding improvements through special taxation districts. These districts go by different names in different states: Special Service Areas, Community Improvement Districts, or—in Tennessee—Central Business Improvement Districts. The basic idea is that property owners create a district and levy a special tax on the properties within the district. The tax revenue is …

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Department of Labor, Administrator’s Interpretation on Worker Classification

The Wage and Hour Division of the Department of Labor provided recent guidance in determining classification of workers.  The WHD says a business “‘suffers or permits’ an individual to work if, as a matter of economic reality, the individual is dependent on the entity.”  The factors of the economic reality test include: (a) the extent to which the work performed …

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Wilson Worley Attorneys Obtain Favorable Verdict in Auto Injury Case

Wilson Worley shareholder, Steve Huret, and associate, Katie Steffen, recently obtained a favorable verdict on behalf of their client, who was the defendant in an automobile injury lawsuit.  The lawsuit was tried before a jury in one (1) day in Sullivan County Circuit Court.  The defendant admitted fault for the car wreck, but she died during the pendency of the …

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Creditors Holding Underwater Secured Claims in Bankruptcy Thrown Lifeline by SCOTUS

On June 1, 2015, the Supreme Court of the United States (“SCOTUS”) issued its opinion for a pair of cases, which yielded a favorable holding for secured creditors in bankruptcy.  The cases of Bank of America, N.A. v. Caulkett and Bank of America, N.A. v. Toledo-Cardona involved debtors who were in Chapter 7 bankruptcy and who each owned a home …

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You Have an Estate Plan…But Does Your Business?

According to the U.S. Small Business Administration, approximately 28 million small businesses operate in our country today.  Needless to say, small businesses owners have a direct impact on our economy, and also provide direct financial support for their families through their endeavors.  Devoted to its day-to-day operations, small business owners often fail to consider the impact their death or incapacity …

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New Workers Compensation Law

The Legislature has significantly revised the Workers’ Compensation Law. New rules apply to employees injured on or after July 1, 2014. The new law generally reduces potential benefits and makes it more difficult for employees to establish a right to benefits. Trial Courts no longer have any involvement with workers’ compensation cases. All claims are now handled by a newly …

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