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Trying to Get It Right

Trying to Get It Right

May 24, 2017

The Issued and Revised Formal Opinion 477R By Julie-Karel Elkin Although some lawyers may not have been paying attention, approximately five years ago the American Bar Association (ABA) adopted technology amendments to the Model Rules which included addressing a lawyer’s obligation to take reasonable measures to prevent inadvertent or unauthorized disclosure of information relating to …Read More


Court Determined Employee Did Not Sustain Compensable Injury but Employer was Penalized for Failure to Provide Panel of Physicians, Patrice Berdnik v. Fairfield Glade Community Club, et al.

May 22, 2017

By Courtney S. Paterson Patrice Berdnik v. Fairfield Glade Community Club, et al. Docket No. 2016-04-0328 State File No. 78710-2016 Filed May 18, 2017 Posture This is a case before the Appeals Board on interlocutory appeal filed by the employee, and the dispute was whether the employer should be required to provide the employee medical …Read More


Judges Can Find Employee Stories of Alleged Work Injuries Unconvincing: Workers’ Compensation Appeals Panel Summary, Jaquet McWherter v. Centurion Products, Inc., et al.

May 19, 2017

By Courtney S. Paterson Jaquet McWherter v. Centurion Products, Inc., et al. Docket No. 2016-06-0523 State File No. 25019-2015 Filed May 16, 2017 Posture This is a case before the Appeals Board on interlocutory appeal filed by the employee, and the dispute was whether the employer should be required to provide the employee compensation benefits. …Read More


Spicer Rudstrom’s Managing Partner Honored by Nashville Business Journal’s “Best of the Bar” Awards

May 18, 2017

Congratulations to attorney Marc O. Dedman, managing partner of Spicer Rudstrom, named to the Nashville Business Journal’s 2017 Best of the Bar list. Marc was selected in the International category in the 15th annual awards. The publication took nominations from the public for two months. Eligible nominees then participated in private voting, resulting in the …Read More

Categories: Featured News

Deconstructed HIPAA Compliance Presentation with Nashville Attorney Julie-Karel Elkin, May 16

May 9, 2017

Nashville attorney Julie-Karel Elkin is slated as the speaker of JourneyTEAM’s May TECH Talks. Her discussion, “Deconstructed HIPAA Compliance Sandwich,” will include an overview of HIPAA compliance and the fines that can result if personal information is not properly updated and documented. She will cover what can happen if compliance is not followed, what compliance …Read More


And This Is Just the Half of It

May 8, 2017

By Julie-Karel Elkin If you ever wondered what it looked like when someone stole your data and released it…here it is. Thanks to databreaches.com, we can all have a very sobering look at what happens when someone grabs your unencrypted data. It is organized in a neat and tidy fashion, just like it is stored …Read More

Categories: Health Data News

Employee on Vacation Severed Chain of Causation in Work-Related Injury: Workers’ Compensation Appeals Panel Summary, Douglas Lee Bolden v. Lowe’s Home Centers, Inc., et al.

April 27, 2017

By Courtney S. Paterson Douglas Lee Bolden v. Lowe’s Home Centers, Inc., et al.  Docket No. 2016-05-1033 State File No. 50919-2016 Filed April 21, 2017 Posture This is a case before the Appeals Board on interlocutory appeal filed by the employee, and the dispute was whether the employer should be required to provide the employee …Read More


Employer Must Authorize Treatment as is Reasonable, Necessary and Causally Related to Work Accident: Workers’ Compensation Appeals Panel Summary, Malcom S. Edwards v. The Job Shoppe U.S.A., et al.

April 26, 2017

By Courtney S. Paterson Malcolm S. Edwards v. The Job Shoppe U.S.A., et al. Docket No. 2016-05-0727 State File No. 38774-2016 Filed April 20, 2017 Posture This is a case before the Appeals Board on interlocutory appeal filed by the employer, and the dispute was whether the employer should be required to provide the employee …Read More


Nashville Attorneys Obtained Dismissal of Lawsuit in Federal Court over Diversity Consideration

April 25, 2017

Nashville attorneys Michael J. Vetter, Sr. and Lance W. Thompson recently obtained the dismissal of a lawsuit filed in Federal Court in the Eastern District of Tennessee. Originally, the lawsuit, which was in excess of $75,000, was filed against only one defendant. When the complaint was filed, the plaintiffs were citizens of Tennessee, and that …Read More

Categories: Featured News

Employee Notifies Employer of Work-Related Injuries after Retirement: Workers’ Compensation Appeals Board Summary, Carrie Robinson v. Vanderbilt University

April 25, 2017

By Jared S. Renfroe Carrie Robinson v. Vanderbilt University Docket No. 2016-06-1563 State File No. 48284-2016 Filed April 18, 2017 Summary This case involves alleged injuries that occurred as a result of repetitive activities, but was not reported until approximately eight months after the employee retired. Facts In this case, the employee, Carrie Robinson, alleged …Read More


$31,000 to $2.5 Million in HIPAA Fines Reported This Week

April 24, 2017

By Julie-Karel Elkin Two organizations were given fines for HIPAA violations in the past week—one for $31,000 and the other for $2.5 million. Both show how not understanding and complying with guidelines can rack up some major dollars. The first violation resulted in a $31,000 fine, which doesn’t seem too bad based upon some of …Read More


Ambiguous Opinion by Authorized Treating Physician Insufficient to Establish Causation: Tennessee Supreme Court Special Workers’ Compensation Appeals Panel, Tracy Payne v. D&D Electric

April 24, 2017

By Jared S. Renfroe Tracy Payne v. D&D Electric Docket No. 2014-01-0023 No. E2016-01177-SC-R3-WC. Filed April 18, 2017 Summary      This case involves the culmination of several expedited hearings and appeals, and the central issue is whether summary judgment in favor of the employer was appropriate. Facts This case is one with an unusual procedural history, …Read More


Spicer Rudstrom Legal Clerk Headed to South Africa for Summer Internship and Classes

April 21, 2017

Davin Kellar, the legal clerk in Spicer Rudstrom’s Knoxville office, has been accepted into a summer internship at the Judicial Inspectorate for Correctional Services in the Office of the Inspecting Judge in Cape Town, South Africa, as well as into the University of Western Cape Town. There, he will take three courses during the semester, …Read More

Categories: Featured News

Trial Court’s Refusal to Dismiss a Claim: Workers’ Compensation Appeals Board Summary, Linda Lawson v. HDK Industries Inc., et al.

April 20, 2017

By Courtney S. Paterson Linda Lawson v. HDK Industries, Inc., et al.              Docket No. 2016-02-0297       State File No. 32360-2016 Filed March 31, 2017 Posture This is a case before the Appeals Board on interlocutory appeal filed by the employer, HDK Industries, Inc., et al., and the dispute was whether the trial court abused its …Read More


General Exceptions to the “Coming and Going Rule:” Supreme Court of Tennessee Special Workers’ Compensation Appeals Panel Summary, Paula Dugger v. Home Health Care of Middle Tennessee, et al.

April 19, 2017

By Courtney S. Paterson Paula Dugger v. Home Health Care of Middle Tennessee, et al.                    Docket No. 2015-05-0341       File No. M2016-01284-SC-R3-WC Filed March 15, 2017 Posture This is a case before the Supreme Court of Tennessee Special Workers’ Compensation Appeals Panel on appeal filed by the employee, and the dispute was whether the trial …Read More


$400,000 Penalty to Non-Profit System Providing Low-Income and Indigent Care

April 13, 2017

By Julie-Karel Elkin  “[Metro Community Provider Network] provides primary medical care, dental care, pharmacies, social work, and behavioral health care services throughout the greater Denver, Colorado metropolitan area to approximately 43,000 patients per year, a large majority of whom have incomes at or below the poverty level.” Source: hhs.gov It appears the Office for Civil …Read More


From Police Officer to Lawyer: How Serving in Law Enforcement Helps Howard Mowery Seek Justice for His Clients

April 13, 2017

One night, after pulling a woman over for suspected drunk driving, instead of her taking out a driver’s license, she extracted a raw steak from her purse. Another night, on a routine patrol of a neighborhood, a loud scream came from a resident’s yard. After entering the yard, it became known that the scream was …Read More

Categories: Featured News

Tennessee Supreme Court Outlines Rules on Res Ipsa Loquitor and Cause in Fact in Fire Loss Case

April 11, 2017

Attorneys Douglas R. Bergeron and Clinton J. Woodfin obtained summary judgment last week for a contractor who was accused of negligence that caused a fire to a home under construction, resulting in a total loss. The homeowners appealed that judgment, and the Court of Appeals held that enough circumstantial evidence existed to allow the case to …Read More

Categories: Featured News

Paradigm Magazine Features Article by Nashville Attorney Lance Thompson

April 10, 2017

Paradigm, the official publication of the International Society of Primerus Law Firms, included an article by Spicer Rudstrom attorney Lance W. Thompson in its Spring 2017 issue. “Using a Withdrawn Expert’s Opinions as an Authorized Admission” addresses how to use a statement from a withdrawn expert against the party. Lance, the lead research attorney for …Read More

Categories: Featured News

Nashville Attorney Courtney Paterson Wins Property Damage General Sessions Trial

April 7, 2017

Spicer Rudstrom attorney Courtney S. Paterson won a general sessions trial this week in Davidson County for a property damage lawsuit. Her clients were sued after an accident in December 2015. Following that suit, Courtney filed a counter-claim against the plaintiff for property damage to her client’s vehicle. At trial Wednesday, the judge dismissed the …Read More

Categories: Featured News

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