Two weeks before former President Trump left office, the U.S. Department of Labor (DOL) published a final rule establishing an independent contractor status test under the Fair Labor Standards Act (FLSA). The Trump-era rule...more
On June 15, 2020, the United States Supreme Court, in the case of Bostock v. Clayton County, Georgia, affirmatively answered the long-awaited question of whether Title VII of the Civil Rights Act of 1964 (“Title VII”)...more
7/9/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
In December 2018, the U.S. Court of Appeals for the Sixth Circuit held that Tennessee’s cap on punitive damages was unconstitutional. This cap came into effect when Tennessee Governor Bill Haslam signed the Tennessee Civil...more
Declaratory Judgment Action Interpreting the "Land Motorized Vehicle" Exclusion -
In Tennessee Farmers Mutual Insurance Co. v. Simmons, No. E2013-01419-COA-R30-CV (Tenn. Ct. App. July 15, 2014), the Tennessee Court of...more
10/8/2014
/ Appeals ,
ATV Accidents ,
Bodily Injury ,
Duty to Defend ,
Motor Carrier Act ,
New Legislation ,
Policy Exclusions ,
Property Insurance ,
Trucking Accident ,
Trucking Industry ,
Wrongful Death
As the number of data breaches and disclosure of personally identifiable information (“PII”) increases, courts are being asked to decide whether such claims for data breach and disclosure of PII are covered by traditional...more
In This Issue:
- COMMISSIONER OF TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE ISSUES POSITION ON FILING REQUIREMENTS OF NEW ENTERPRISE RISK FILING LEGISLATION:
On May 28, 2014, Governor Haslam signed...more
In This Issue:
- ARBITRATION PROVISION WITHIN TENNESSEE’S UNINSURED MOTORIST STATUTE HELD NOT APPLICABLE TO INSURANCE POLICIES ISSUED AND DELIVERED OUTSIDE TENNESSEE:
The Tennessee Court of Appeals addressed the...more
In This Issue:
- TENNESSEE ATTORNEY GENERAL HOLDS THAT TENNESSEE STATUTE PROHIBITING PREFERENCES OR DISTINCTIONS IN CERTAIN INSURANCE TRANSACTIONS IS NOT UNCONSTITUTIONAL:
In its April 24, 2013 opinion, the...more
6/29/2013
/ Anti-Discrimination Policies ,
Bodily Injury ,
Breach of Duty ,
Commercial General Liability Policies ,
Damages ,
Discrimination ,
Economic Loss Doctrine ,
Emotional Injury Claims ,
Errors and Omissions Policy ,
Fiduciary Duty ,
Insurance Contracts ,
Intentional Infliction of Emotional Distress ,
Loss of Use ,
Loss of Value ,
Negligence ,
Unfair or Deceptive Trade Practices ,
Uninsured and Under-Insured Motorists
In This Issue:
- AUTO REPAIR TRADE ASSOCIATION REQUESTS THAT DOJ INVESTIGATE THE USE OF MOST FAVORED NATION CLAUSES BY AUTO INSURERS:
Over the last several years, the use of most favored nation clauses by health...more
In Hood v. Jenkins, et al., No. E2011-02749-SC-R11-CV, 2013 Tenn. LEXIS 1009 (Tenn. Dec. 19, 2013), a minor beneficiary of a $100,000 life insurance policy, filed suit against his financial guardian and the insurance company...more