California Corrects the Supreme Court’s Interpretation of its Law
In a highly anticipated ruling entered Monday July 17th, 2023, the Supreme Court of California (“California”) held contrary to the Supreme Court of the United States (“SCOTUS”) on a matter of state law. California’s Private Attorneys General Act of 2004 (PAGA) creates new civil penalties for Labor Code violations and allows “an aggrieved employee,” acting as a proxy or agent of the state Labor and Workforce Development Agency (LWDA), to bring a civil action against an employer “on behalf of himself or herself ( referred to as “individual claims”) and other current or former employees” ( referred to as “non
Vaccine Mandates Clarify the Public Policy Exception for Termination of At-Will Employees – Heather Smith v. BCBS of Tennessee
“Firing an at-will employee for merely writing to the Tennessee General Assembly is a bridge too far. It interferes with the employee as a citizen…The right to petition goes to a cornerstone of how employees, as citizens, can reach their government.” On April 12, 2023 the Court of Appeals of Tennessee at Knoxville heard, reversed, and remanded a case from the Chancery Court for Hamilton County regarding a retaliatory discharge claim by plaintiff, Ms. Heather Smith, after she wrote to the Tennessee General Assembly seeking protection of her perceived individual liberties and rights relating to vaccine mandates. Ms. Smith had worked for
“He Who Represents Himself has a Fool for a Client”
Representing yourself in court is usually a bad idea. Sometimes it’s because you, the litigant, are too close emotionally to the issue to make objective decisions about strategy. But often the most immediate problem is that most non-lawyers are not trained or experienced in the rules of what evidence may be presented in court, and how it can be presented. If you cannot get your evidence in front of the judge, you have no way to win your case. The Tennessee Court of Appeals just ruled on yet another case where both reasons applied: Matthews v. UPS Store Center 3138. The
The Vanishing Jury Trial
Since the founding of our republic, Americans have lived with confidence that their disputes will be judged fairly by a jury of their peers. But in recent years, the American civil jury has become an endangered species. The number of civil jury cases tried in federal courts dropped from 3,206 in 2001 to 1,534 in 2019. During that same time frame, civil jury trials in Tennessee state courts dropped from 791 to only 226. Most litigants, deterred by the high cost and slow pace of litigation, choose to resolve their cases outside of court. In 2019, only 0.7% of federal civil cases
Opportunity for Remote Notarization and Witnessing During COVID-19
In an effort to reduce the spread of the Novel Coronavirus 2019 (COVID-19), Tennessee Governor Bill Lee issued Executive Order No. 26 (“the Order”) authorizing the use of remote notarization and remote witnessing through May 17, 2020. In relevant part the Order allows all Documents which require the physical presence of a notary and/or witnesses to now be executed through the use of remote notarization and remote witnessing. An applicable Document for this Order includes a will, trust, living will, durable power of attorney, deed, or other legal document requiring witness or notary presence. The new guidelines allow for execution to
Buying a Pig in a Poke
In a recent Tennessee Court of Appeals case, the primary dispute was whether a real estate agent had properly advised a seller to disclose that a home had a log construction. In Oliver v. Pulse, the sellers sold their home which was constructed of logs. The sellers renovated the home and had covered the exterior with vinyl siding and the interior with sheetrock. The sellers informed the listing agent of the renovations, but did not disclose those facts on the residential property disclosure. The buyers did not have a home inspection completed before the purchase. The first lawsuit arose when a
IN-PERSON SIGNING GUIDELINES DURING COVID-19
Wilson Worley PC is committed to doing our part to protect the health and safety of our customers, employees, and communities during the novel coronavirus (COVID-19) outbreak. To that end, we ask that, when possible, only essential parties to the signing attend the signing appointment and that everyone attending a signing appointment adhere to the following guidelines: Prior to the signing appointment, we ask that everyone attending a signing appointment consider the following questions: 1. Have you or anyone in your household had any cold or flu-like symptoms, such as fever, cough, or shortness of breath, within the last 14 days? 2. Have
A Tale of Two Clauses
Some recent cases illustrate how bad facts can make bad law. Two recent cases involving arbitration agreements with “delegation clauses” illustrate not only the benefits of sound draftsmanship, but also how really bad facts can lead to a decision that appears to bypass established precedent. In VIP, Inc. et al v. KYB Corporation et al, No. 19-1150, _____F.3rd_______ (6th Cir. February 24, 2020), defendant KYB Corporation manufactured auto parts and sold them to distributors who bought the parts through “buying groups.” The distributors agreed to administer any “Limited Warranty” claims that KYB gave to the ultimate retail purchasers. The limited warranty included
Epic Systems Did Not Take the National Labor Relations Board “Out of the Picture”
Employers must remain careful of their employees’ rights under the National Labor Relations Act. ____________________________________________________ We all know, don’t we, that last year the Supreme Court held, in Epic Systems Corp. v. Lewis, 584 U.S.____, 138 S. Ct. 1612 (2018), “that agreements containing class- and collective action waivers and stipulating that employment disputes are to be resolved by individualized arbitration do not violate the National Labor Relations Act [NLRA] and must be enforced as written pursuant to the Federal Arbitration Act.” In re Cordua Restaurants, Inc., 368 NLRB No. 43 at p. 1 (August 14, 2019). So that being the case, employers are
When Good Dogs Do Bad Things
Tennessee law requires owners to keep their dogs under reasonable control at all times, and to keep their dogs from running at large. “Running at large” means going uncontrolled onto another person’s property, or onto a road, street, or public place. A person who breaches this duty is strictly liable for injuries caused to another person by the dog. The owner is responsible, even if the owner was not negligent, and even if the owner had no notice of the dog’s dangerous traits. There are five exceptions: • When the injured person was trespassing on private property; • When the injured person was