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Preparing for the unthinkable – Active Shooter
May 17th, 2023The state of Tennessee remains stunned by the horrific, senseless shootings and resulting deaths of six innocent victims at Covenant School in Nashville. An active shooter situation is a nightmare, for any organization. FBI statistics reveal that active shooter incidents are on the rise in the U.S. (The FBI defines an active shooter as one… Read More
The Compelled-Speech Doctrine Can the Government Tell You What to Say?
May 2nd, 2023The First Amendment prohibits the government from making any “law . . . abridging the freedom of speech . . . .” U.S. Const. amend I. The free-speech clause also prohibits the government from compelling speech. In other words, the government cannot tell you what to say. Rumsfeld v. Foundation for Academic and Institutional Rights,… Read More
You only get one bite at the apple in a will contest
March 29th, 2023In the Estate of James M. Smalling, Mr. Smalling (the Decedent) died testate and his Will was admitted to probate. Two months later, the Decedent’s son filed a Will Contest case. During the procedural aspects of the case during a court hearing on the Proponent of the Will’s Motion to Dismiss, the contestant (the Decedent’s… Read More
Tennessee Supreme Court clarifies when the GTLA removes immunity for the negligent acts or omissions of employees
March 29th, 2023On February 16, 2023, the Tennessee Supreme Court released its opinion for Penny Lawson et al. v. Hawkins County, Tennessee et al., which clarified that Tenn. Code Ann. § 29-20-205 of the GTLA’s “waiver of immunity for ‘negligent’ acts includes only ordinary negligence, not gross negligence or recklessness.” Penny Lawson et al. v. Hawkins County,… Read More
