Timothy Perkins – Jackson, Shields, Yeiser & Holt

Phinessee v. Young Touchstone

Supplemental Brief discussing whether the Tennessee Supreme Court's decisions in Gossett and Kinsler (rejecting McDonnell Douglas) impact summary judgment motion pending in federal court

On September 20, 2010, the Tennessee Supreme Court issued two opinions rejecting application of the McDonnell Douglas burden-shifting analysis to state law retaliatory discharge claims: Gossett v. Tractor Supply Company, and…more
| Civil Procedure, Civil Rights, Conflict of Laws, Labor & Employment Law
Line Construction Benefit Fund v. Allied Electrical Contractors, Inc.

Petition for Writ of Certiorari

This case concerns two issues. First, whether ERISA grants a multiemployer benefit plan a right to sue for delinquent contributions. And second, whether ERISA requires an employer to contribute to a benefit plan when the CBA…more
| Labor & Employment Law, Wills, Trusts, & Estate Planning

Twittering for Attention - Tennessee Bar Association Feature Story

How many lawyers are using Twitter? A large number professionals reject Twitter and other Web 2.0 phenomena as a fad without understanding how powerful such tools can be. It’s not about what others are saying, but what you are…more
| Law Firm Marketing, Science, Computers, & Technology

Tennessee Governor Signs Bill Banning Driving While Texting

On July 1, 2009, a law went into effect that Tennessee Governor Phil Bredesen signed on May 13, 2009, banning "Driving While Texting" (DWT). The law makes it a misdemeanor punishable by a $50 fine for someone to drive while…more
| Communications & Media Law, Elections & Politics, Transportation
Phoenix Communications v. Marquardt

Plaintiff's Memo in Support of a Temporary Injunction (Noncompete Agreement)

The Defendant in this case had an employment contract containing a noncompetite clause with a wholly-owned subsidiary of the Plaintiff. The subsidiary assigned the Defendant's contract to the Plaintiff. The Defendant claimed…more
| Civil Procedure, Labor & Employment Law
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  • Labor & Employment Law
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