Posts By: admin

Cyberbullying vs Free Speech in Tennessee: How the Courts Draw the Line

“Cyberbullying” is described on Wikipedia as the “use of the Internet and related technologies to harm” another person “in a deliberate, repeated and hostile manner.”  In Tennessee, if a cyberbully is charged with a crime, it is usually criminal harassment.  While some states have adopted specific cyberstalking and internet harassment laws, the Tennessee General Assembly

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Gov. Haslam’s New Workers’ Comp Bill

Governor Bill Haslam unveiled a proposal to revamp Tennessee workers’ compensation laws during his State of the State speech last week. Under the proposed Tennessee Workers’ Compensation Improvement Act of 2013, a new state agency, the Court of Workers’ Compensation Claims, would oversee all aspects of workers’ compensation claims.  The new system would allow for

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Estate Tax (Attorney) Relief Act: A Non-Event, at Long Last

After years of uncertainly and even anticipation regarding how Congress would handle federal estate taxes, the American Taxpayer Relief Act was remarkably a “non-event.” The Act essentially extended, or made “permanent” (with one notable exception for very wealthy people), the rules and exemptions for estate, gift and generation skipping transfer taxes that were established in

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Mobile Phone Location Not Private Information

If you have ever lost and found your mobile phone by using a GPS locator, such as Find My Iphone, you are aware that these devices can be tracked by satellite.  The convenience of this technology also means that others, including the police, can track cell phones.  And if your phone is with you, they

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DUIs Deemed ‘Unprofessional Conduct’ for Tennessee Doctors

The Tennessee Court of Appeals has reasoned that the conviction for a DUI may constitute “unprofessional conduct” and result in sanctions for a physician by the Tennessee Board of Medical Examiners.  A Tennessee doctor pled guilty to a DUI in Arkansas and was subsequently placed on probation by the board.  In Kleier v. Tennessee Bd.

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Property Use Restrictions ‘Run with the Land,’ can Outlive Active HOAs

If you own a home in a newer subdivision, you are likely a party to a binding contract whether you know it or not.  In addition to applicable zoning ordinances and subdivision regulations, most subdivision developments provide for limitations or prohibitions on property uses and establish other requirements and limitations on buildings, fences and other

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Charges Possible for Parents of Underage Drinkers

It’s pretty common knowledge that it’s against the law to purchase beer for minors, but that’s not the only way to get charged with “contributing to the delinquency of a minor” when it comes to alcohol. The reality is that you can receive that same “contributing to the delinquency of a minor” charge for allowing someone under

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New Law Allows Certain Criminal Records to Be Erased

If you have been convicted of a crime in the past you may be eligible to have this conviction expunged (or cleared) from your record under a recent law passed by the Tennessee General Assembly. Having your public criminal record cleared may make it easier to find employment and may restore your right to carry a

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Contract Upheld Despite Murder Conviction; ‘Slayer Rule’ Not Invoked

Teresa Larkin died in 2003 with $703,000 in life insurance proceeds payable to her husband, Dale. The decedent’s daughter (Husband’s stepdaughter) sued Dale Larkin, alleging that he killed her mother and that, under the “Slayer Rule“, which prevents a person from taking property at the death of someone he or she intentionally kills, he was

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