TAM Bytes, August 18, 2015
TAM Bytes, August 18, 2015
TAM Bytes, August 18, 2015
Webinars
Limited Liability Companies in Tennessee: Drafting the Operating
Agreement, 60-minute webinar presented by Alexander J. Davie,
with Riggs Davie PLC in Nashville, on Wednesday, September 16, at 10
a.m. (Central), 11 a.m. (Eastern).
*Earn 1 hour of GENERAL credit
Your Step-by-Step Guide to Advising Clients in Business Divorces in
Tennessee, 60-minute webinar presented by Richard Spore, with Bass,
Berry & Sims in Memphis, on Thursday, September 17, at 10 a.m.
(Central), 11 a.m. (Eastern).
*Earn 1 hour of GENERAL credit
Tennessee Landlord and Tenant Law: Evictions, Court, and
Litigation, 60-minute webinar presented by Lisa K. Helton, with
Sherrard & Roe in Nashville, on Wednesday, September 30, at 2 p.m.
(Central), 3 p.m. (Eastern).
*Earn 1 hour of GENERAL credit
For more information or to register for any of our CLE events, call (800) 727-5257 or
visit us at www.mleesmith.com
On-Site Events
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DECEMBER FACULTY: Judge Robert L. Childers, circuit court,
Shelby County; Judge Phillip Robinson, circuit court, Davidson County;
Judge Joseph Woodruff, circuit court, 21st Judicial District (Hickman,
Lewis, Perry, and Williamson counties); and Judge Thomas Wright,
circuit court, 3rd Judicial Circuit (Greene, Hamblen, Hancock, and Hawkins
counties); along with attorneys Amy J. Amundsen, Rice, Amundsen &
Caperton PLLC, Memphis; David Garrett, Cheatham, Palermo & Garrett
Law; John J. Hollins, Jr., Hollins, Raybin & Weissman PC, Nashville;
Cathy Speers Johnson, Thompson Burton PLLC, Nashville; Stanley A.
Kweller, Jackson, Kweller, McKinney, Hayes, Lewis & Garrett, Nashville;
Marlene Moses, MTR Family Law, PLLC, Nashville; Linley Richter, Jr.,
Richter & Rasberry, P.C., Memphis; Kevin Shepherd, Maryville attorney;
Greg Smith, Stites & Harbison PLLC, Nashville; and Jacob Thorington,
Cheatham, Palermo & Garrett Law, Nashville
HIGHLIGHTS: Protecting a clients separate assets; valuing and dividing
marital property; access to mental health records in a custody case; special
issues in military divorce; practical tips from judges on issues such as
attorney fees, contempt, and child custody modification; marketing yourself
and your law firm; social media tips and tricks; domestic violence cases and
mediation; cohabiting couples and same-sex marriages; attorney fees in
family matters and contempt; case law/legislative update; and ethical
considerations in family law.
To learn more or to register, visit: http://www.mleesmith.com/family-law-15.
issues; hot topics in title insurance; consumer mortgages and the impact
of the new CFPB rules; ethical considerations in real estate law; and real
estate case law/legislative update
To learn more or to register, visit: www.mleesmith.com/tn-real-estate-2015.
10/5/10 was direct and natural consequence of original injury and that
employees action was not independent intervening cause when employee
did not violate her medical restrictions, doctor considered her action to be
foreseeable, and doctor considered her action to be consistent with her
therapeutic program. United Parcel Service Inc. v. Brown, 8/11/15,
Nashville, Ash, 8 pages.
http://www.tncourts.gov/sites/default/files/ups-brown.opn2jo2.pdf
COURT OF APPEALS
COMMERCIAL LAW: When plaintiffs and defendant-signatory
expressly agreed to arbitrate any disputes arising from contact and further
agreed that contract would be governed by New York law, plaintiff later
filed suit against defendant-signatory, as well as one of defendants
employees, who had not signed arbitration agreement, for breach of
fiduciary duty, negligence, and aiding and abetting conversion, and
defendants filed motion to compel arbitration, parties choice of law
provision was binding when defendant was headquartered in New York and
nothing indicated that applying New York law would violate Tennessees
public policy; Federal Arbitration Act and New York law apply to
substantive matters, while Tennessee law governs procedural issues;
because of delegation clause in parties arbitration agreement, only specific
challenge to unconscionability of delegation clause may be heard by court,
and any challenges to underlying services agreement or arbitration
agreement as whole have been delegated to arbitrator; because plaintiffs
but employee did not call any of these witnesses to testify or to provide
their affidavits to corroborate her testimony. Portilla v. Tyson Foods Inc.,
5/26/15, Baker, 8 pages.
http://trace.tennessee.edu/cgi/viewcontent.cgi?article=1109&context=utk_workerscomp
If you would like a copy of the full text of any of these opinions, simply
click on the link provided or, if no link is provided, you may respond to
this e-mail or call us at (615) 661-0248 in order to request a copy. You
may also view and download the full text of any state appellate court
decision by accessing the states web site by clicking here:
http://www.tncourts.gov