Car Wreck – Choice of Law in Insurance Policy
Monday, November 10th, 2014
Plaintiffs were involved in a car wreck in Tennessee while driving a vehicle they borrowed from North Carolina residents. The car owners had selected an insurance policy with a Missouri choice of law provision because their daughter principally used the car in Missouri where she attended college. The issue before the Court of Appeals was whether the […]
Read More »Discrimination Case of Interest
Friday, October 24th, 2014
Plaintiff worked as a “full-fledged carman” for Defendant, Norfolk Southern Railway. During his employment, Defendant issued six job bulletins; three of the bulletins created new carman positions inside the shop, and three of the bulletins eliminated carman positions in the yard. Shortly thereafter, all six bulletins were canceled. Plaintiff had bid on one of the positions inside the […]
Read More »Constitutionality of City Ordinance
Tuesday, October 14th, 2014
This action involves the constitutionality of a city ordinance regulating beer sales by establishments operating twenty-four hours a day. In 2006, the City of Chattanooga amended its beer ordinance, providing that no establishment remaining open for business of any type between the hours of 3:00am and 8::00am is permitted to simultaneously maintain a beer permit. The […]
Read More »Underinsured Motorist Coverage
Wednesday, September 10th, 2014
The plaintiff, a detective with the Polk County Sheriff’s Department, was seriously injured when the Polk County vehicle in which he was riding as a passenger was struck in the rear by a vehicle owned by one of the two named defendants. Plaintiff and his wife sued the two named defendants and served process and […]
Read More »Illegal Alien – Filing Lawsuit
Thursday, August 7th, 2014
The Western District Court of Appeals recently opined on the issue of whether an unauthorized alien has standing to pursue a retaliatory discharge claim against his or her employer. Torres, an undocumented worker, alleged that his employer terminated his employment as a direct result of the employee asserting a workers’ compensation claim. The employer moved […]
Read More »Premises Liability – Duty to Customers
Thursday, December 19th, 2013
Jolyn Cullum et al v. Jan McCool, et al [Walmart], S. Ct. of Tennessee-12/18/13-No. E2012-00991-SC-R11 Plaintiff was a customer of Walmart at the same time as another customer who tried to purchase some prescriptions there. The customer attempting to purchase the prescriptions was intoxicated and Walmart employees refused to fill her prescriptions. She became belligerent […]
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