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  • Article

    Saving Time And Money: Preemption Of Direct Negligence Claims Against Employers In Tennessee

    Although Tennessee courts recognize claims asserted against an employer such as negligent hiring, training, supervision, and entrustment, recent case law suggests that those claims may no longer viable...
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Set Reset – Fifth Circuit Joins The Eleventh – Arbitration Rights Can Revive

    In every jurisdiction in the country, the general rule is that a party to litigation waives arbitration rights by "substantially invok[ing] the judicial process to the detriment or prejudice of the other party."
    United StatesLitigation, Mediation & Arbitration
Butler Snow LLP
Butler Snow LLP
  • Article

    Sixth Circuit Denies Seal Of Approval For Unjustified Filings Under Seal

    Litigants and third parties subpoenaed to produce information in litigation who believe that information that they deem confidential will not ever become part of the public record, beware...
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    So Much For A Contingency Plan: Can The Florida Legislature Abrogate An Attorney's Contingency Fee In Tort Claims Against The Government?

    Like many states, Florida has only partially waived its sovereign immunity by statute.
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Sports Torts And Courts

    Who has not been injured in a recreational, athletic activity?
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Tennessee's Proposed Amendments To Rule 26 Mandate Broad Initial Disclosures

    In contrast to Federal Rule of Civil Procedure 26(a)(1), the Tennessee Rules of Civil Procedure do not require initial disclosures—but that could be changing soon.
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Tennessee Business Court Provides Further Guidance On Jurisdictional Challenges

    In a lengthy, but detailed, opinion, The Tennessee Business Court, now in Phase II of the Pilot Project...
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    The Alabama Supreme Court Reverses Course On The Broad Use Of Prepetition Discovery

    In pertinent part, Alabama Civil Procedure Rule 27(a) allows a person to perpetuate that person's own testimony or that of another person before a lawsuit is filed.
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    The Question Remains Unanswered: Tennessee Supreme Court Rules That Ripeness Doctrine Precludes A Decision On The Constitutionality Of Tort Reform Until After A Jury Verdict Is Rendered

    Commonly known as "Tort Reform," the Tennessee Civil Justice Act of 2011 limits the amount an injured plaintiff may recover for non-economic damages to a cap of $750,000 (with exceptions).
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Three Tips For Deposing Your First Adverse Expert Witness

    I like to cook, but whenever I research a recipe online, I quickly become frustrated as most begin with an explanation about the history of whatever food I am preparing to cook...
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Under Berk, Is State Court Better? Removing A Case To Federal Court May Now Cost Defendants An Early Exit Strategy.

    The Supreme Court's decision in Berk v. Choy fundamentally altered the calculus for removing medical malpractice and professional liability cases to federal court by eliminating state affidavit-of-merit requirements. This shift transforms what was once a routine procedural decision into a strategic business choice with significant cost and timing implications.
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Warning: No Fishing Allowed!

    The Supreme Court of Texas recently clarified whether the results of driver drug-and-alcohol tests, from drivers who were not involved in the incident at issue, are relevant and producible...
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    What's Good For The Goose May Not Be For The Gander.

    Tennessee Rule of Appellate Procedure 13(a) provides that "any question of law may be brought up for review and relief by any party." Well, not always.
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    When You Can’t Sue The Government, Can You Sue The Government Official?

    The State of Texas signed a ten-year lease for office space. When the State later terminated the lease and stopped paying rent, the landlord sued for breach of contract. In an ordinary commercial dispute, that would be an obvious claim. But in State v. Broadmoor Austin Associates,[1] the Fifteenth Court of Appeals held that sovereign immunity barred it.
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    WWE Faces Wrongful Death Suit For Alleged Concealment Of Risks Associated With Concussions

    Memphis, Tennessee is the most recent arena in which the WWE is defending itself against concussion-related claims brought by former professional wrestlers.
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    2023 Texas Legislative Updates To Public Facility Corporations Owning Multifamily Developments

    During the 88th Regular Session, the Texas Legislature passed HB 2071 to address the perceived misuse of property tax incentives used by Public Facility Corporations (PFCs). The legislation...
    United StatesReal Estate and Construction
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Key Changes In Mississippi Construction Law Following The 2024 Legislative Session

    Effective July 1, 2024, the Mississippi Legislative enacted multiple statutory changes applicable to the construction industry, including (1) an increase to the monetary...
    United StatesReal Estate and Construction
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Are You Caught In The CRS "Triangulation Problem"?

    The CRS, following along the precedent set by the FATCA, creates the concept of "accountholders" in structures such as trusts, foundations, companies and partnerships when those entities are "managed by"...
    United StatesTax
    Butler Snow LLP
    Butler Snow LLP
  • Article

    COVID-19 Relief For New Markets Tax Credit Program And Opportunity Zone Program

    As we have all seen, the COVID-19 pandemic has created economic suffering for each and every one of our communities.
    United StatesTax
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Tremendous Tax Savings Opportunity For Certain Investors With The PATH Act

    The Protecting Americans from Tax Hikes Act of 2015 should prompt entrepreneurs to reconsider whether a C corporation may be a better choice of entity than a pass-through entity.
    United StatesTax
    Butler Snow LLP
    Butler Snow LLP
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