Publications
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“Testing the Water before Taking the Swim” – How Participating in Litigation May Const...
August 27, 2012 | Publications
There are plenty of reasons that parties include arbitration clauses in their contracts. But, there ...
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Recognizing Bankruptcy Fraud and Using Experts to Deal With It
August 15, 2012 | Publications
In a perfect world, a debtor’s bankruptcy would involve timely reporting, good faith filings, ...
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The “Ministerial Exception:” Where Employment Law & Religious Autonomy Collide
July 12, 2012 | Publications
At the beginning of this year, religious employers across the country – from book stores and couns...
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The Learned Intermediary Doctrine
May 4, 2012 | Publications
The term “learned intermediary” was coined in a 1966 decision by the Eighth Circuit when the cou...
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Conversations with Clients During Deposition Breaks: Proceed with Caution
March 13, 2012 | Publications
I. Introduction In Tennessee, the attorney-client privilege protects from discovery communications b...
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Class is in Session: Rule 23(a) Requirements for Class Actions
March 13, 2012 | Publications
Rule 23 of the Federal Rules of Civil Procedure governs class actions in federal courts. This articl...
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Hewitt v. L.E. Myers; Ohio Intentional Tort
November 18, 2011 | Publications
Despite an Ohio statute that protects employers from most intentional tort claims, the Court of Appe...
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Is that Your Final Answer? Appeals of Arbitration Awards
August 13, 2011 | Publications
For the last twenty years, there has been an increased emphasis on the use of alternative dispute re...
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Modification and Termination of Trusts Under the Ohio Trust Code: A Drafter’s Guide
May 20, 2011 | Publications
Chapter 4 of Ohio Trust Code, and specifically, Ohio Revised Code Sections 5804.10 through 5804.17 p...
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Common Mistakes of Indiana’s Mechanic’s Lien Claimants (And How To Avoid Them)
May 17, 2011 | Publications
The mechanic’s lien is a powerful remedy available to Indiana contractors whose labor and/or mater...
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Navigating the Perils of Kentucky’s Mechanic’s Lien Statute
May 17, 2011 | Publications
“Mechanic’s liens,” or more appropriately “construction liens,” are an entirely American c...
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Top Ten Mistakes Leading to Loss of Lien Rights in Tennessee
May 17, 2011 | Publications
Early in my career as a construction lawyer I had occasion to appear before one of our more venerabl...
