Medicare Payments
Friday, April 5th, 2019
Recently, a Maryland law firm settled with the United States to resolve allegations that it failed to reimburse the United States for Medicare payments made to medical providers on behalf of a firm client. Under the Medicare statute and regulations, Medicare is authorized to make conditional payments for medical items or services under certain circumstances, […]
Read More »2018 Top Attorney
Thursday, August 9th, 2018
Congratulations to Stephen C. Daves who has been named as a CityView 2018 Top Attorney for Professional Malpractice Defense. This recognition is based on votes received from select members of the Knoxville Bar Association.
Read More »Insurance Companies Filing Subrogation Claims
Thursday, March 29th, 2018
An insurance company, asserting a subrogation action on behalf of its insured (who were homeowners), sued a contractor in connection with a construction project that the contractor performed on the Homeowners’ house located in Robertson County, Tennessee. The contractor filed a motion for summary judgment alleging that the suit was barred by the statute of […]
Read More »Wrongful Death
Tuesday, March 13th, 2018
The Tennessee Supreme Court has decided that a surviving spouse still maintains the priority to file a wrongful death lawsuit when the decedent’s child had also filed a wrongful death lawsuit in which the child alleged that the surviving spouse negligently caused the decedent’s death. The Court decided so because the wrongful death statutes do […]
Read More »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 »Statutory Caps
Wednesday, August 20th, 2014
Tennessee is one of several states that has adopted legislation capping damages on tort suits. Under the Civil Justice Act of 2011, noneconomic damages are capped at $750,000 and punitive damages at either $500,000 or twice the amount of compensatory damages, whichever is greater. There are some limited exceptions to these caps. Across the nation, […]
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 […]
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