Posts By: Todd Moore

There Ain’t No Such Thing as a Free Ballpark; Metro’s Cash Commitment would Quadruple without Developments

The Metropolitan Council Agenda Item Analysis provides an excellent overview of the Nashville Sounds stadium deal—approved Tuesday—including a breakdown of the financing and risk. The summary estimates an annual Metro General Fund commitment of $345,000 but that figure is heavily dependent upon the future of private development proposed by the Sounds (not the Sulphur Dell

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Judicial Diversion Allows Some First-time Criminals a Second Chance at a Clean Record

Former federal supervisory probation officer Dewayne Kelley accepted judicial diversion last week after being charged with criminally negligent homicide.  In February Kelley crashed his car into the Tomato Head restaurant in Knoxville, killing a 58-year-old woman. Kelley was not under the influence of drugs or alcohol, but prosecutors considered his behavior “criminally negligent” because he

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Buzz Builds around Prospective Skyscrapers in Downtown Nashville

Nashville Skyline: “Critics contend high-rises tend to be very monolithic, with their bland designs and sheer height antithetical to the ‘pedestrian vibe’ that a true urbanite would prefer.” A good article from the Nashville Post following up on Tony Giarrantana’s latest skyscraper proposal for downtown Nashville.  However, the issue of whether more and/or taller buildings should

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Widow has No Rights to Husband’s Wrongful Death Settlement

Prenuptial and postnuptial agreements are common for couples that have been previously married, particularly if either or both have children from their prior relationships.  Some agreements are intended to protect specific assets from the claims of the other party in the event of a divorce and/or death.  Other agreements are broader and provide that each

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Discrimination and Retaliation: Court Examines ‘Whistleblower’ Provision of Civil Rights Act

Title VII of the Civil Rights Act of 1964 prohibits discrimination against employees on the basis of race, color, religion, sex or national origin.  The Civil Rights Act also contains a “whistleblower” provision which prohibits employers from retaliation against employees who complain of Title VII violations.  The United States Supreme Court recently agreed to hear a case involving the

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How Gun Crimes and Misdemeanors Affect Second Amendment Rights

  The Second Amendment to the United States Constitution protects the ‘right of the people to keep and bear arms‘ and many states, including Tennessee, have similar provisions is their constitutions.  However, an individual’s right to possess and/or carry a firearm is not absolute and is subject to limitations where there is a sufficient governmental

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Reciprocal Wills a Commonly Sought Option for Couples

Many clients who “just want a simple will” are looking for reciprocal wills: They want to provide for their spouse when they die and take care of their minor children if both parents are deceased.  Reciprocal wills are separate wills that are mirror images of each other. Generally they provide that if one spouse dies, then

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Changing the Constitutuion: Easier Said (or Sung) than Done

“You say you’ll change the constitution, well you know, we all want to change your head.” —The Beatles, “Revolution 1” (Lennon/McCartney) Constitutional amendments don’t come easy, and that is the way it was intended.  The first ten amendments, or the Bill of Rights, were enacted in December 1791, less than 3 years after the Constitution

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Internet Defamation: When Digital Dissing Becomes a Legal Issue

Internet reviews on sites such as Yelp! or Urbanspoon, blog posts, Tweets, etc. are a great source of information for consumers. However, if you’ve had a bad experience with a company (or and individual, for that matter), avoid taking your frustration to the Internet by publishing false information or accusatory allegations. Internet defamation can expose

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