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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Wilson Worley presents “Employment Law for Small Business” – Sponsored by KOSBE. on Thursday June 25

Small business owners frequently imagine that human resources issues are for big business only. In reality, any number of laws, state and federal, apply to most businesses no matter how small. These include laws governing workplace safety, wages and hours, and workers compensation. Moreover, a business doesn’t have to get very big before a number of other laws, including the …

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Recent Medical Malpractice Ruling

On May 29, 2015 the Tennessee Supreme Court filed an opinion resolving a question that may seem trivial, but teaches an important lesson. Some background: Bringing a healthcare liability action requires some technical steps not required in other types of cases. For example, Tennessee Code Annotated § 29-26-122 states that the plaintiff in a healthcare liability action in which expert …

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Follow the Chain of Command? Yeah, but…

Most employers want their employees to “follow the chain of command” and not go “over the head” of their immediate supervisor. But a recent case from the Tennessee Supreme Court illustrates the pitfalls of being too rigid about this requirement. In Williams v. City of Burns, a police captain was asked to “fix” a speeding ticket at the request of …

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Contract Provisions

Contracts contain provisions frequently and unfortunately dismissed as “boilerplate.” “Boilerplate” comes from the newspaper business and originally referred to metal sheets produced regionally or nationally and shipped to local newspapers for use on local presses without change. “Boilerplate” now describes standard contract provisions which can be changed only with difficulty. An integration or merger clause is frequently found among a …

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Modification of Alimony in Futuro

Parties to divorce proceedings cannot predict the future with greater ability than others.  Despite thoughtful planning, circumstances can change materially. In Tennessee, modification of alimony depends on the type of alimony awarded and on the specific facts of each case.  Three of the four types of alimony may be modified under certain circumstances: alimony in futuro, rehabilitative alimony and transitional …

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Is an Accident Report Admissible in a Personal Injury Lawsuit?

The short answer is no.  First, the report contains multiple instances of hearsay, which are statements, other than ones made by the witness while testifying at trial, offered in evidence to prove the truth of the matter asserted.  Tenn. R. Evid. 801(c).  Hearsay is not admissible in evidence unless it fits within one of the recognized exceptions contained in Tenn. …

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Trial Victory

Wilson Worley shareholder, Steve Huret, and associate, Katie Steffen, obtained a verdict of zero dollars ($0.00) after a two day jury trial in Hawkins County Circuit Court on behalf of their client, who was the defendant in a personal injury and property damage lawsuit that resulted from a car wreck.  The defendant admitted liability for the car wreck, so only …

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