Legal News

On August 6, 2019, the Fifth Circuit Court of Appeals ruled that the Equal Employment Opportunity Commission (“EEOC”) “overstepped its statutory authority” in issuing the “Enforcement Guidance on the Consideration of Arrest and Conviction Records in...By: Butler Snow LLP

If you quit your job because of a hostile work environment, is it still “voluntary”? According to the Alabama Supreme Court’s July 12, 2019 opinion in Arnold v. Hyundai Manuf. Ala., LLC, it is. In Arnold, Hyundai hired Arnold to work in Alabama....By: Butler Snow LLP

Ensuring correct employee classification for purposes of compliance with wage and hour laws is one of the most daunting challenges employers face. Classification criteria such as being engaged in “management” and use of discretion and independent...By: Butler Snow LLP

An individual may file a claim under Tennessee’s “whistleblower statute”—the Tennessee Public Protection Act (TPPA)—if she was fired solely for reporting or refusing to participate in illegal activity. Similar to federal law, the Tennessee Human...By: Butler Snow LLP

In the simplest case for federal preemption, federal law prohibits conduct that a state tort duty would require, such as a change in the design of an approved medical device to cure an alleged defect. Because federal law is supreme, it preempts that...By: Butler Snow LLP

In the context of the practice of medicine, we are all very familiar with the Latin phrase primum est non nocere. It means “first, do no harm” and is the ethical guiding principle in the medical profession. Inherent in this phrase is the...By: Butler Snow LLP

The classic 1989 film Back to the Future II famously predicted that humans would be zipping around on hoverboards in the year 2015. The film wasn’t too far off. Hoverboards debuted in the 2000s and gained immense popularity in a short period of...By: Butler Snow LLP

The Kansas Supreme Court recently reversed the Kansas Court of Appeals, and re-instated a three-plus million dollar jury verdict in favor of an injured BNSF Railway worker. It did so after finding that it was for the jury — not the Judge — to...By: Butler Snow LLP

Pro Te: Solutio returns for its second edition of 2019. As the year grinds on, our attorneys at Butler Snow are taking proactive and creative steps to confront and solve the issues that affect our areas of practice. The first article is A New Look...By: Butler Snow LLP