“Until one has loved an animal a part of one’s soul remains unawakened.” – Anatole France Wedding china, dining room table, artwork collection… pets? As most of the United States today, Tennessee included, continues to deem pets as personal property, many divorcing pet owners will face the question, “Where will Fido go?” This question is particularly…
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There have been several high-powered legal battles about the Constitutionality of the Affordable Care Act (ACA) ever since the Act became a law in March 2010.1 Several of these cases have considered important Constitutional issues such as the extent of Congress’ commerce clause, necessary and proper, and tax power.2 In NFIB v. Sebelius a split supreme court…
Continue reading ›Oftentimes in litigation, parties continuously seek the all-important piece of evidence to help win their case. This vastly important piece of evidence is sometimes known as a “smoking gun.” Some examples of a “smoking gun” may include the video of an injury that occurred on the premises of a business that clearly shows the injury…
Continue reading ›After over a year of litigation, the United States Supreme Court recently upheld President Trump’s so-called “travel ban” as constitutional and statutorily permissible. See Trump v. Hawaii, 585 U.S. ____ (2018). Criticized by many as invidious, imprudent, or unnecessary, Presidential Proclamation No. 9645 attempts to improve screening procedures related to national security for individuals from countries…
Continue reading ›The United States Government has recently come under intense scrutiny for the separation of immigrant families at the U.S.-Mexico border. Denounced by many as overly harsh, President Trump’s “zero-tolerance” policy, which calls for the criminal prosecution of those who enter the United States illegally, has undoubtedly brought the issue of family separation to the forefront…
Continue reading ›TENNESSEE has recently come into the national spotlight for its passage of House Bill 2315 (“HB 2315”), a new law that changes the nature of how municipal governments in Tennessee can control how local law enforcement agencies coordinate with federal immigration authorities. Although Governor Haslam refused to sign HB 2315, he also refused to veto…
Continue reading ›The United States Government has ramped up its enforcement efforts in the area of Immigration Law significantly in recent years. As one tactic to increase its enforcement activities, the Government has begun to increase the number of Form I-9 Inspections. In April 2018, federal officials arrested or detained 97 Tennessean workers at a meat-processing plant…
Continue reading ›This article summarizes important considerations that an employee or business must bear in mind before inadvertently or deliberately signing a non-compete agreement with an employer or business. 1) Am I signing a hidden non-compete agreement? Employers will occasionally attempt to hide non-compete agreements inside employee contracts that contain an increase in salary, benefits, a severance package,…
Continue reading ›Disclaimer: This article is not legal advice. It is intended to give a bit of background information about the state action requirement for First Amendment claims. Each case is different, and there are tactical considerations about when to sue and what claims to bring. For legal advice applicable to your specific situation, always contact an attorney…
Continue reading ›Authored by Paul Tennison, Law Clerk, Cole Law Group, P.C. Disclaimer: This article is not legal advice and is only intended to give a bit of background information about employment discrimination law under Federal and Tennessee statutes. Each employment discrimination case is different, and there are tactical considerations about when to sue and what claims…
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