Arbitration Strengthened by New Supreme Court Decision

Tue 15 Jan 03:52 | Posted by on News

Although dismissed by The New York Times as “a minor arbitration case,” Henry Schein, Inc. v. Archer & White Sales, Inc. (17-1272), appears to be a significant strengthening of the right to compel arbitration. Written by newly-confirmed Justice Brett Kavanaugh and announced on January 8, 2019, Schein centers on the threshold issue present in many cases involving arbitration clauses in contracts, namely, whether a court or an arbitrator gets to decide whether or not a …

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New Tennessee Laws Effective January 1, 2019

Mon 14 Jan 05:38 | Posted by on News

Most laws enacted by the Tennessee General Assembly during its 2018 session went into effect July 1, 2018. However, 16 new statutes became effective January 1, 2019. For a complete list, go to www.capitol.tn.gov (http://www.capitol.tn.gov/legislation/publications/index.htm).  Below are a few notable new laws: Immigration – State and local governmental entities and officials are prohibited from adopting sanctuary policies. Such entities that do will be ineligible for economic and community development funds from the state until such …

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5th Annual Spark Awards

Sun 13 Jan 03:32 | Posted by on News

On December 10, 2018, WKNO-TV and cityCURRENT aired the 5th Annual Spark Awards, which honors individuals and organizations committed to improving the Mid-South through community service, philanthropic leadership, or social outreach. Winners are selected by the Midtown Memphis Rotary Club, of which BHAMM attorney Jennifer L. Sneed serves as a director.   

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Chancery Court Special Master

Sat 12 Jan 06:00 | Posted by on News

The Chancery Court of Shelby County appointed BHAMM member Paul A. Matthews to assist the court by serving as Special Master in a case pending before that court. Paul recently filed his 84-page Report and Recommendations, which the Chancellor adopted, and he is continuing in that capacity to further assist the court and the parties.   

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6th Circuit Declares Tennessee’s Cap on Punitive Damages Unconstitutional

Fri 11 Jan 05:53 | Posted by on News

Punitive damages, that is, damages designed to punish the person against whom the punitive damages are assessed rather than simply compensate the person or entity harmed, are available in certain types of cases where the person or entity sued is found to have acted intentionally or recklessly in causing serious harm. Traditionally, punitive damage awards could be quite large and thus much feared by defendants. Several years ago Tennessee legislators opted to severely limit punitive …

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