New Laws for 2019
Along with a new year comes new changes in the law. Many new laws for 2019 will take effect, including the following:
Category: Angel Kane’s Blog
Murphy v. NCAA
The United States Supreme Court Allows States to Regulate Sports Gaming.
On Monday, May 14, 2018, the United States Supreme Court issued its opinion on Murphy v. NCAA, the National Collegiate Athletic Association. Therefore, in this opinion, the Court ruled 7-2 to strike down a Federal law prohibiting betting on sports. Other than in narrowly defined exceptions. The ruling is a victory for States’ rights. And may have more significant implications for the States in the Union.
Court Clarified Wrongful Death
Tennessee Supreme Court Reverses and Agrees with Trial Court
In March 2018, the Tennessee Supreme Court clarified Wrongful Death claim. Issuing its decision in Nelson v. Myres. Involving the interpretation and priority of claims under Tennessee’s wrongful death statute, found at Tenn. Code Ann. Sec. 20-5-106. In Nelson, an automobile accident in Sumner County, Tennessee, claimed the life of Mrs. Myres. Her husband, who was driving the vehicle at the time of the accident, was later incarcerated for vehicular homicide.
Both Mr. Myres and Brittany Nelson, Mrs. Myres’ adult daughter, filed wrongful death actions on behalf of Mrs. Myres. The Sumner County trial court dismissed Ms. Nelson’s action, holding that Mr. Myres’ as the surviving spouse, had priority to maintain the wrongful death action. On initial appeal, the Tennessee Court of Appeals reversed the trial court, holding that Mr. Myres had a conflict in bringing the wrongful death action. He could act as both a plaintiff and defendant, as his partial fault could be determined. Only Ms. Nelson’s action would adequately prosecute Mrs. Myres’ wrongful death.
Tennessee Supreme Court Clarifies Wrongful Death Claim
The Tennessee Supreme Court reversed and agreed with the trial court that Mr. Myres, had priority to bring the wrongful death action over Ms. Nelson. Because he was the surviving spouse of Mrs. Myres. The Supreme Court specifically noted that Tennessee’s wrongful death statute Sec. 20-5-106, expressly provides the surviving spouse has priority over a decedent’s children. Therefore, to bring a wrongful death action on behalf of the decedent. The Supreme Court also noted there was no exception for the circumstances present. When the surviving spouse may be implicated as negligently causing the death of the decedent spouse. However, exceptions in Tennessee law, where a surviving spouse may not bring a wrongful death action on behalf of their spouse, where the surviving spouse has abandoned or intentionally killed or caused the death of the decedent.
If you have questions about personal injury law, contact Attorney Angel Kane at https://www.kane-law.com or (615) 444-8081.
Pre-Nuptial Agreements
In Tennessee, our Courts will enforce Pre-Nuptial Agreements only if they meet certain legal criteria.
As a divorce attorney, I see many battles fought over bank accounts, retirement accounts, and real estate owned before marriage. If you and your spouse’s names are on your bank account or real estate, it will be marital property.
Divorce is to late, Pre-Nuptial Agreements, Well-drafter Pre-Nuptial saves you $1000s
At-Will Employment
Tennessee is an At-Will Employment state. That means you can be fired for cause or no cause at any time.
Unless you entered into a Contract For Employment when you started your employment. In those few cases, your employer may not be able to terminate you without providing compensation. Or, sometimes, you can’t quit without owing your Employer money. I advise all entering a Contract For Employment to READ, READ, READ it, and then let an attorney review that contract on your behalf.
While having a contract may seem like the way to go, most often, the contract is prepared by the attorney for the Employer. This means it serves the Employer’s interest more than your own. What you will find in most employment agreements is that the employer has included a covenant not to compete. That means you may be unable to work for anyone whose business “competes” with your Employer. Nor will you be able to start your own company that “competes” with your Employer.
Courts don’t like Covenants Not-To-Compete. However, if you negotiated one and received compensation for entering into the Non-Compete, the Court will enforce the agreement if it finds it reasonable. This means you’ve still got to be able to eat. The Employer can’t restrict you to the point that it becomes completely unreasonable. A court of law can decide whether you should quit and be unable to work because of the Non-Compete.
Kane & Crowell Can Help
Our office has represented both sides in Wilson, Davidson, Macon, and Smith Counties. We represent several employers and have drafted both employment agreements and covenants not to compete. We have also enforced these agreements through Restraining Orders when Employees have violated them.
Additionally, we have taken legal action to represent employees challenging employers with excessively restrictive non-compete agreements that the court must invalidate. Entering into employment contracts should never be approached lightly. These contracts can both help you and later hinder you. For questions about Employment Contracts and Non-Compete, contact us at https://www.kane-law.com/contact-us/
At Will Employment, Contract for Employment, You can be fired for at any time
Evictions in Tennessee
Our office mainly represents Landlords in Landlord/Tenant disputes. And, if you are a Landlord that we represent, we have prepared an airtight lease agreement on your behalf. Our goal is to protect our clients from evictions in Tennessee.
Lease Agreements don’t have to be long and complicated. But they do need to set forth the term of the rental and the amount owed. Most importantly, the means required to evict a Tenant if they are not abiding by the rental agreement.
Evictions in Tennessee, Lease Agreements dont have to be long and complicated, Our office represents Landlords