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  • Article

    Georgia Court Of Appeals Holds That The Georgia Statute Of Repose Is Applicable To Contractual Claims As Well As Negligence Claims

    In Southern States Chemical, Inc. v. Tampa Tank & Welding, Inc., 2019 WL 5616691, the Georgia Court of Appeals recently held that the Georgia Statute of Repose.
    United StatesLitigation, Mediation & Arbitration
    Miller & Martin
    Miller & Martin
  • Article

    Reasonableness Redefined: EEOC Lowers The Bar For Employees

    United StatesReal Estate and Construction
    Miller & Martin LLP
    Miller & Martin LLP
  • Article

    Accounting For Stock Options - Proposed Interpretations

    United StatesTax
    Miller & Martin LLP
    Miller & Martin LLP
  • Article

    Certain Indemnity Provisions In Motor Carrier Transportation Agreements Are Unenforceable In Tennessee

    Effective as of March 18, 2008, indemnity provisions in motor carrier transportation agreements are void and unenforceable in the state of Tennessee to the extent such provisions require indemnity for liability for loss or damages resulting from the indemnified party's own negligent acts.
    United StatesTransport
    Miller & Martin
    Miller & Martin
  • Article

    Ergonomics Program Standard Repealed

    United StatesEmployment and HR
    Miller & Martin LLP
    Miller & Martin LLP
  • Article

    E-Verify To Be Required For All Federal Contractors

    President Bush has signed an Executive Order requiring all federal contractors, as a condition of all future federal contracts, to agree to use an electronic employment eligibility verification system.
    United StatesImmigration
    Miller & Martin
    Miller & Martin
  • Article

    Goodwill As A Personal Asset

    United StatesStrategy
    Miller & Martin LLP
    Miller & Martin LLP
  • Article

    Filing Affidavit Of Non-Payment Within 60 Days Of Signing Statutory Lien Waiver Is Critical In Georgia Construction Contracts

    This fall the Georgia Court of Appeals ruled against a subcontractor who failed to file an affidavit of non-payment or a claim of lien within sixty (60) days of signing a statutory lien waiver.
    United StatesReal Estate and Construction
    Miller & Martin
    Miller & Martin
  • Article

    The Sixth Circuit Recognizes A New Cause Of Action – “Relative Or Associate” Retaliation

    In a bold move which puts it in the minority among the federal circuits, the Sixth Circuit Court of Appeals, which covers Tennessee, Kentucky, Ohio and Michigan, has extended the anti-retaliation provision of Title VII to employees who are “related to or otherwise associated with” someone who makes a complaint under this federal law.
    United StatesEmployment and HR
    Miller & Martin
    Miller & Martin
  • Article

    Employers Are Strictly Liable For Failure To Reemploy Qualified Service Members

    The Sixth Circuit recently held in Petty v. Metro. Gov't of Nashville-Davidson County, Case No. 07-5649, that a plaintiff seeking reemployment under the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA") is not required to make a showing of discrimination in order to sustain a reemployment claim.
    United StatesEmployment and HR
    Miller & Martin
    Miller & Martin
  • Article

    U.S. Supreme Court To Resolve Split Over Enforceability Of Class Arbitration Waivers In Employment Agreements

    These agreements require employees to bring any claim in arbitration, rather than court, and preclude class, collective or other group actions in any forum.
    United StatesEmployment and HR
    Miller & Martin
    Miller & Martin
  • Article

    Carmack Ammendment May Pre-Empt Some Personal Injury Claims

    United StatesLitigation, Mediation & Arbitration
    Miller & Martin LLP
    Miller & Martin LLP
  • Article

    Tennessee Court Of Appeals Rules On Personal Property Assessment

    United StatesLitigation, Mediation & Arbitration
    Miller & Martin LLP
    Miller & Martin LLP
  • Article

    Shipper Protected By Indemnification Language In Transportation Agreement

    United StatesTransport
    Miller & Martin LLP
    Miller & Martin LLP
  • Article

    FTC Sends Three Warning Letters To CBD Companies

    The FTC's Press Release warned that website claims made by these companies about their CBD-infused products could violate the FTC Act.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Miller & Martin
    Miller & Martin
  • Article

    Statute Will Assist Tennessee Carriers in Contract Negotiations

    In daily negotiations with shippers over transportation contract terms, carriers across the state of Tennessee are routinely required to indemnify shippers for all claims that might arise, even those involving the shipper's own negligence.
    United StatesTransport
    Miller & Martin
    Miller & Martin
  • Article

    The U. S. Supreme Court Declares The Equal Protection Clause Has Its Limits When It Comes To Public Employees

    Last Monday, in the case of Engquist v. Oregon, the United States Supreme Court declined to extend the protections of the Constitution's Equal Protection Clause to claims by public employees whose allegations are not based upon their membership in a recognized protected class.
    United StatesEmployment and HR
    Miller & Martin
    Miller & Martin
  • Article

    The U.S. Supreme Court Gives Employees Another Way To File Race And Color Retaliation Claims

    The United States Supreme Court issued a decision Tuesday in CBOCS West, Inc. v. Humphries which holds that Section 1981 of the Civil Rights Act of 1866 unequivocally provides for claims of retaliation to be brought by individuals claiming race and color discrimination.
    United StatesEmployment and HR
    Miller & Martin
    Miller & Martin
  • Article

    SEC Staff Extends Use Of Simplified Estimates Of "Expected Term" For Certain Stock-Option Grants

    Acting in response to growing evidence that adequate empirical data for estimating the expected term of stock options would not be timely available for valuation purposes, the Securities & Exchange Commission’s Office of the Chief Accountant of Corporation Finance has extended beyond year-end the benefit of its previously announced simplified method for estimating the term of certain options.
    United StatesFinance and Banking
    Miller & Martin
    Miller & Martin
  • Article

    Georgia Department Of Agriculture – Hemp Production Update

    On October 31, 2019, the Georgia Department of Agriculture ("GDA") released a newsletter on Georgia Composing Plan to Comply with Federal and State Hemp Guidelines.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Miller & Martin
    Miller & Martin

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