Compensability for Injury that Occurred while Undergoing Pre-Employment Physical
Hamilton v. Kenco Logistics Services, LLC (Mar. 8, 2016) The Workers’ Compensation Appeals Board in Tennessee recently affirmed the trial court’s finding that an employee’s injury that occurred while she was undergoing a pre-employment physical did not occur in the course and scope of her employment. In this case, the […]
Read MoreAttorneys Prevail in Florida
Matt Hall and Faith Nixon represented a client located in the Florida panhandle concerning a claim for sexual harassment, discrimination and retaliation filed with the Florida Commission on Human Relations (FCHR) and the Equal Employment Opportunity Commission (EEOC) by one of its seasonal employees. Faith and Matt participated in the […]
Read MoreRetail and Hospitality Team Obtains Defense Verdict
Shareholder Glenn E. Ireland and Associate Angel A. Darmer recently obtained a defense verdict for a regional fast food chain in a jury trial held in the Circuit Court of Jefferson County, Alabama. Plaintiff’s Complaint alleged claims of Assault and Battery, Negligent Supervision, and the Tort of Outrage against the […]
Read MoreRetail and Hospitality Team Prevails
Shareholders Glenn E. Ireland, Joe Driver and Virginia Gambacurta recently obtained a ruling from the Alabama Supreme Court granting their Petition for Writ of Mandamus and directing the circuit court to dismiss Plaintiff’s Complaint, thereby disposing of all claims against their client, a national pharmacy chain. On August 26, 2015, […]
Read MoreDepartment of Labor Releases New Overtime Rule
More Than 4 Million Employees Newly Eligible for Overtime Pay – The Fair Labor Standards Act requires employers to pay overtime rates to many employees working more than 40 hours in a work week. The FLSA exempts certain positions from overtime rates for employees in executive, administrative and professional positions […]
Read MoreDaubert Attack On Opposing Medical Causation Experts
Introduction To prevail in a personal injury case, an essential element the Plaintiff must prove is causation. That is, the Plaintiff must prove the subject accident or incident actually caused the Plaintiff’s injury and damages. Plaintiffs typically seek to establish this element through the testimony of one or more post-accident […]
Read MoreWin for the Defense!
Hugh Harris recently secured a win in the District Court of Montgomery County, Alabama, on behalf of a hotel client sued in a slip and fall action. Hugh filed a motion for summary judgment, arguing that the Plaintiff’s claims were time-barred under the applicable statute of limitations found in Alabama […]
Read MoreTaylor and Miller Achieve Summary Judgment
Jeremy Taylor and J. C. Miller, attorneys in our Mobile office, successfully obtained Summary Judgment on behalf of a safety consulting firm in a case involving a severed limb at a lumber processing facility. The lawsuit named numerous Defendants and was filed in a jurisdiction infamous for large Plaintiff’s verdicts.
Read MorePhotos of Property Damages Admissibility Without Expert Testimony
Garvin v. Malone, 2016 Tenn. App. LEXIS 163 (Tenn. Ct. App. Feb. 26, 2016). In this significant ruling, the Court distinguished the facts of this case from those seen in Hardeman County v. McIntyre. 420 S.W.3d 742 (Tenn. Ct. App. 2013), as it relates to the admissibility of photographic evidence […]
Read MoreSaving Statute Not Always Precluded by Tolling Agreements
Circle C Construction, LLC v. D. Sean Nilsen Et Al., (Tenn. Mar. 7, 2016) The Tennessee Supreme Court sent a clear warning in Circle C. Construction, LLC v. D. Sean Nilsen; craft tolling agreements with clear intentions and even clearer language. The Court decided that absent specific language in a […]
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