Legal Services At The Intersection Of Business And Life

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Business Law

15 Ways to Protect Your Business from a Lawsuit

  1. Find a high-quality business insurance policy that has adequate coverage for lawsuits.
  2. Employ a skilled attorney with substantial experience working with businesses in your industry. Read More

Five Methods to Settle Business Partner Disputes

When starting a business, forming a partnership can be a great, cost-effective way to begin your new venture. Having two or more problem-solvers working on complex business issues can mean more ideas and more productivity… Read More

Reserving your rights: Cautionary tales for insurers from the low country.

Insurance carriers can learn a thing or two from a fairly mundane case coming out of the South Carolina Supreme Court earlier this year. In the case Harleysville Group Insurance v. Heritage Communities, Inc., the Court held that a Reservation of Rights letter (ROR) sent by an insurer… Read More

Understanding Due Diligence in Business

Buying and selling goods, services, and even businesses are how companies get ahead these days. And in this digital economy, it gets easier and easier to find out virtually anything about anyone. That said, there will always be a role for good, old-fashioned due diligence in business. Read More

Understanding Small Business Succession Planning: Benefits, Challenges, Legal Considerations & More.

Long-term planning is an essential element to running a successful small business. Business owners spend valuable time and money setting their companies up for future success. They even sacrifice short-term gains in the pursuit of longer-term benefits.  Read More

Updates on Data Breach Laws

Batson Nolan explains what to do if you’ve been hacked and the latest updates on the Data Breach Law. The Tennessee Bar Journal Article by W. Russell Taber, III, You’ve Been Hacked, provides up to date statutory information regarding Tennessee law obligations after a data breach occurs. Read More

 What Should You Consider When Deciding Which Type of Business Entity Is Best for You?

If you are planning on starting a business, one of the first legal steps you will need to take is to form a business entity. Taking care of this step now will save you steps later on. And depending on the type of entity you choose, it could also provide you with critical liability protection in the event that… Read More

Why Corporate Governance Is Important to Professional Corporations

Strong corporate governance policies can be the glue that holds your business together. Good governance can help business owners develop trust between employees and managers, as well as foster excellent communication between owners and other stakeholders. Read More

Why Should Your Limited Liability Company (LLC) be in Tennessee?

Things to Consider for your LLC: If you have multiple rental properties, a Tennessee LLC might be of benefit to you. If someone sues the LLC, your personal assets are shielded as they can only access the assets of your LLC, regardless of whether your LLC has one or more members. Read More

Child Custody/Visitation

Can a Personal Injury Settlement Be Garnished for Child Support?

Many people pursuing a personal injury settlement may start to wonder about outstanding financial obligations and how they will be handled once that settlement is agreed to and paid out. Read More

Can Coronavirus Fears Allow Parents to Cancel Court-Ordered Visitation?

If you have a child with someone and are either divorced or never married, the chances are good that you have a parenting plan in place. Most parenting plans are court orders that must be followed. Read More

Can I Modify My Custody Plan If Child Support Is Too Expensive?

Many people make the mistake of too closely associating child custody and child support. There is a common misconception that if you pay child support, your ex somehow “owes” you visitation time. Read More

Can Joint Custody in Tennessee Reduce Child Support?

When going through a divorce with children, establishing child custody and calculating child support are two key aspects of the process. Tennessee has adopted a set of “best interests” factors for establishing child custody, and all child support calculations are subject to a set of stringent guidelines. Read More

Can You Move out of State with Your Child When There Is No Child Custody Agreement?

Dealing with child-related matters as a single parent or while going through a divorce or separation involves complex legal issues with potentially serious implications for your parental rights. As a result, before making any decisions… Read More

Co-Parenting Tips in the Time of Pandemic: Opportunities & Challenges

Co-parenting in the middle of COVID-19.Americans have now been living through the COVID-19 pandemic for over a year. And as we all know, this unprecedented event has altered how we live our everyday lives. Something as simple as running to the store… Read More

How to Deal with a Hostile Child Custody Situation

Though divorce brings many stressors, child custody battles are often the most difficult. Some parents can amicably share custody of their children, while others argue over every minute of their children’s time. Read More

How to Increase Your Chance of Winning Custody during a Divorce

Obviously, divorce and child custody matters are fraught with intense emotions, because they deal with the most personal and important relationships in life – your family. But if you allow emotion to rule the day, you just may find yourself at a disadvantage in a child custody proceeding. Read More

How to Modify a Parenting Plan in Tennessee

Before Tennessee courts grant a divorce, the law requires parents to draft a parenting plan. Parents must agree on and approve a parenting plan in Tennessee and then legally abide by its parameters. Read More

How to Prepare a Parenting Plan for Christmas Holidays

The Christmas season is a time to spend with family. However, if you have children and are in the process of divorce, the holidays can turn into an incredibly tense time. Given the stress that already accompanies the holiday season… Read More

How To Protect Your Parenting Rights from Interference

When a couple with children gets divorced, time with their children is typically a top concern. This issue evokes strong passion, and emotions run high as couples attempt to agree on a parenting plan. Some couples can work together long enough to hammer out the details. Read More

Is a Child Allowed to Choose Which Parent to Live With?

Tennessee family law courts encourage parents to work together to come up with a custody and visitation schedule that will be in the best interests of the child. When parents cannot work out an agreement, a Tennessee court must decide.  Read More

Modification of Child Custody: The Evolving “Material Change in Circumstances” Standard

In any Tennessee divorce proceeding where the custody of a minor child or children is at issue, the court must make a custody determination based upon the best interest of the child. With the child’s best interest as the paramount consideration, the court “shall order… Read More

Stay-at-Home Dads – Greater or Lesser Chance at Child Custody?

Do stay-at-home dads have a good shot at being granted status as the primary residential parent to their children in a Tennessee divorce? In today’s world, traditional family roles are not so common anymore. Gone are the days of dad driving off to work every morning as mom tends to the kids. Read More

The Importance of Choosing the Right Child Custody Attorney

In Tennessee, the Court has many statutory factors it must consider when initially determining custody or a change of custody from one parent to another. The Court must weigh each of these factors together and make a determination as to who is the more fit parent for the child: Read More

What Are the Ways a Parent Can Gain Full or Partial Custody of a Child in Tennessee?

As a parent, if you are preparing to go through a divorce or separation – or if you have already separated from your former spouse or partner – gaining custody is understandably at the top of your list of priorities. Read More

What Happens If You Don’t Respond to Child Custody Papers?

When people receive court papers, they often feel angry or inconvenienced. Perhaps you feel like you’ve already worked out an arrangement about your child’s custody with your ex, and you don’t understand why they’re bringing a custody case. Read More

What If My Child Refuses Visitation?

When couples divorce, part of the final order for dissolution of marriage includes a child custody arrangement. Unmarried parents can also have a judge order custody for their child or children. It is best if parents can work out the terms of the custody arrangement together. Read More

What You Should Know about Interstate Custody Arrangements

When two people have a child or children in common and ultimately decide not to stay together – whether that means divorce or the couple was never married but are going their separate ways – child custody becomes an important issue. And the problem becomes even more complex when… Read More

Who Has Custody of a Child If There Is No Court Order?

When parents are unmarried or in the process of separating, it raises many questions, such as, Who has custody of a child if there is no court order? In Tennessee, the default rule is that both parents have custody if the child is born during the marriage.  Read More

Why Would a Parent Lose Custody of a Child?

Child custody is at the top of everyone’s mind when parents are getting divorced or were never married in the first place. Who gets the child, and for how long, is a subject very near and dear to the hearts of most parents. A parenting plan – whether designed by the agreement of the parents or by the court… Read More

Child Support & Alimony

Child Support: How Is It Determined In Tennessee?

If you are divorcing your spouse and have kids together, the divorce process is more complicated than if no kids were involved. When you have kids, you can’t just split your property and go your separate ways. Read More

Do You Have to Pay Child Support If You Have 50/50 Custody?

While there is a relationship between parents’ custody rights and child support obligations in Tennessee, custody is just one of several factors considered when calculating child support. In situations where the parents share equal custody, they will generally both have financial support obligations as well. Read More

How Do I Know If I am Entitled to Alimony?

Decades ago, it was common for married women to spend their lives taking care of children and homemaking. Dad built his career and went to work every day while mom handled the homestead. But over the last few decades, that cultural norm has experienced a massive shift as more… Read More

How Judges Set the Amount of Alimony

Going through a divorce is a stressful and emotional process for many reasons. However, an almost universal concern among anyone getting divorced is what their financial future will look like post-divorce. Calculating the appropriate alimony amount is… Read More

How Long Do You Have to Be Married to Get Alimony?

Going through a divorce is a trying, challenging, and often frustrating experience. It can be hard to know what to expect, how to work through the separation process effectively, and how to adjust to this new normal.  Read More

Reducing Spousal Support Obligations: What Reasons Are Valid?

In some Tennessee divorces, the topic of alimony is important. An award of alimony can severely impact the financial health of either party for many years to come. Consequently, one spouse may consider alimony a necessity that is worth fighting for… Read More

Where Can I Modify Child Support?

The jurisdiction over child support changes can be confusing. Under most state laws, the state that initially issued the current child support order maintains jurisdiction until both parents and their child leave the state.  Read More


5 Questions to Ask a Divorce Attorney Before Hiring

Filing for divorce can be a trying and emotional experience. It’s one of many reasons choosing the right attorney is the most important decision you’ll make as you get started. How to decide on a divorce attorney can be a complicated process. Read More

Approaching Social Media Before, During, and After Divorce

We live in an age like never before. Technology allows us to do many things we could never do before, like sharing our thoughts and lives with hundreds or even thousands of people all over the globe with the simple click of a mouse. Read More

Children and Divorce: Strategies for Helping Kids Cope with Divorce

Most people get married thinking that they will live happily ever after. But as we all know, this is not always the case. Adults considering divorce typically have a hard time wrapping their minds around the immense changes they are considering. Read More

Division of Debt in Divorce Settlements

One of the biggest sources of contention during divorce is the division of assets. People spend decades of their lives building wealth and buying things that they enjoy, and no one wants to give up all their stuff because they are splitting up. Read More

Factors in Entitlement Benefits for a Military Divorce

Whether you are a member of the armed forces yourself or are married to a service member, life is a bit more unstable for you than for civilians. Service members can be deployed to many different locations throughout their military careers, and spouses and families must either… Read More

How Do I Know It May Be Time for a Divorce?

Marriage is a serious commitment. Similarly, the decision to divorce should be taken with as much care as the decision to marry in the first instance. If you are reading this, it’s likely your marriage is in a rough patch. Read More

How Is Military Retirement Divided in a Divorce?

Getting divorced from your spouse is never easy. Even in the most amicable of divorces, some areas of contention usually arise as the once happy couple attempts to separate their lives. However, when you throw military personnel into the mix, the complications can multiply.  Read More

How much will my divorce cost?

It’s one of the most common questions people have about getting a divorce. When it comes to cost, the primary rule in getting a divorce is the more the parties fight, the more the divorce will cost . The opposite is also true: the less the parties fight, the less the divorce will cost. Read More

How to Manage Finances During and After Divorce

For those going through the process of a divorce, financial concerns are paramount. Everyone knows that divorce isn’t only an emotional event but can also be a financially taxing one. Thus, it is imperative that you know what to expect during the divorce process… Read More

How to Uncover Hidden Assets in a Divorce

Most divorcing parties hate the idea of handing half their estate over to their soon-to-be ex. Unsurprisingly, when it comes time to divide the marital estate, some try to cheat by concealing assets.  Read More

Is My Ex-Wife Entitled to My Military Pension If She Remarries?

Former spouses retain access to many types of military benefits after getting divorced (subject to varying conditions for different types of benefits). However, there are some exceptions, and ex-wives and ex-husbands who remarry can lose their eligibility to receive… Read More

Late-Life Divorce: What Factors Do I Need to Consider?

Decades ago, divorce was frowned upon at any age. But older divorce was especially rare. Most people figured that if a couple remained married until they were 50 or 60 years old, there was not much point in a divorce. Read More

Marital Property & Equitable Distribution in Tennessee: The Types of Assets You Will Keep During a Divorce

One of the most complex parts of a divorce case deals with determining the division of debts and assets. Next to child custody, the division of property has a reputation as one of the biggest reasons cases become lengthy. Read More

New Transition: Facing Holidays After a Divorce

A woman experiencing hardships after a divorce. If you are newly divorced or separated, your family is going through many changes. And regardless of what month you get divorced or how well-adjusted you are, when the holiday season rolls around, it always seems to bring new challenges. Read More

The Division of Marital Property

Batson Nolan explains the process courts utilize to divide marital property. One of the most important, complicated, and frequently misunderstood aspects of Tennessee divorce actions concerns the division of marital property. Read More

Tips You Need to Know to Handle Your High-Asset Divorce the Proper Way

Divorce is never easy. Even in the most amicable and straightforward divorce, emotions tend to run high. Change can be intimidating because we don’t really know what lies around the next corner. And that is never so true as when two people who spent years building a life together decide that it is time to split up. Read More

What To Do When Your Spouse Refuses To Get A Divorce

No one takes divorce lightly. Next to the death of a close loved one, divorce is the most harrowing process anyone can ever go through. Divorce is bad enough when both parties agree that the marriage should end.  Read More

Who Gets the House in Divorce Proceedings?

One of the most contentious issues in any Tennessee divorce involves the distribution of marital assets. For most couples who own their own home, the home is probably the most valuable asset.  Read More

Why Military Divorce Is Different from Other Divorce?

Ending any marriage can be stressful, but military divorces bring additional concerns. If you’re contemplating a divorce, you should understand how military and civilian divorces differ. Read More

Will My Child Have to Testify at My Divorce Trial?

When parents are getting divorced, it can be difficult on their child or children. Suddenly, the child’s home is splitting up and their future seems a little less stable and possibly scary. Some children have preferences as to which parent they want to live with, and sometimes they can express that preference… Read More

Driving Laws

Is Driving While Sick Considered Illegal?

We have all felt too sick to do anything. But, is it really possible to be too sick to drive? At least one study has found that the effects of the common cold can impair driving ability by as much as 50 percent, or about the same as eight shots of whiskey. Read More

Is Motorcycle Lane Splitting Legal in Tennessee?

Despite research suggesting that lane splitting can improve traffic congestion and that splitting lanes may actually be safer for motorcycle riders than sitting between vehicles in stop-and-go traffic, the practice of lane splitting remains illegal under Tennessee law. Read More

Left-Hand Turns: How They Affect Road Safety

The U.S. Department of Transportation National Highway Traffic Safety Administration states that left hand-turns are the most dangerous type of driving maneuver. Left-hand turns require all drivers to be extremely attentive to potential hazards. Read More

Tennessee Handheld Cell Phone Ban Takes Effect on July 1: Here’s What Drivers Need to Know

A new law, effective July 1, 2019, makes it illegal to use a handheld cell phone while driving in Tennessee. The law, which Governor Bill Lee signed on May 21, will require all drivers in the state to either utilize hands-free calling and texting or wait until they get to their destination to pick up their phone. Read More

Tips for Parents of Minor Children who are Driving by Philip Mize

Parents, you need to be aware that under Tennessee law, you can be held vicariously liable for any damages or losses your teenage child might cause as a result of an automobile accident which occurs while your child is driving a vehicle that is registered in your name.  Read More

Employment Law

A Guide to Social Media Policy for Employers

With the advent of social media, everyone has a public platform to broadcast the details of their lives and their views to the world—your employees have this platform too. What your employees say and do online has the potential to reach over 4 billion social media users across the globe. Read More

DOL and IRS Independent Contractor Test

Whether a worker is an employee or an independent contractor is an important question to answer. Correctly answering this question is crucial for both businesses and workers. If a business or worker fails to correctly classify the working relationship… Read More

Exempt v. Nonexempt FLSA Current Salary Thresholds and Duties

Federal law gives rights to employees regarding pay. These rights come from the Fair Labor Standards Act (FLSA). These rights extend to government and private employees, but they do not extend to everyone. Read More

Tennessee Tip Laws for Employers

As an employer in Tennessee, you must comprehensively understand tip laws that govern your business. Complying with these regulations ensures fairness for your employees and protects your business from potential lawsuits. Read More

New Employee Cause-of–Action for Guns in Cars

Tennessee now recognizes a cause of action for an employee who is terminated or otherwise adversely treated in the workplace based solely upon the employee’s transporting or storing of a firearm or ammunition in the employer’s parking area.  Read More

The Tax Cuts and Jobs Act of 2017

Batson Nolan explains changes in the new tax laws that may affect your family. On December 22, 2017, the President signed into law the Tax Cuts and Jobs Act of 2017. This new law has sweeping changes that affect taxation of estates and gifts through 2026, the date of their expiration. Read More

What is the Current Status of FLSA Overtime Rule Appeal?

The Fair Labor Standards Act (FLSA) overtime rule determines whether employees are eligible for or exempt from overtime pay. In 2016, changes were made to the overtime regulations of the Fair Labor Standards Act which were supposed to go into effect on December 1, 2016.  Read More

What is workplace discrimination?

Workplace discrimination essentially occurs when an individual suffers unfair treatment by an employer because of the individual’s membership in a “protected class,” the most classic examples of which being race, national origin, sex, and religion.  Read More

Estate Planning

5 Reasons Why You Need To Hire An Estate Planning Attorney

Many Americans over the age of 72 understand the importance of making plans for their family once they’ve passed on. Eighty-one percent of those aged 72 or older have an estate plan in place. Yet, only 4 out of 10 of all American adults have a will or living trust. Read More

Estate Planning: A Tax Rule You Should Know About

Batson Nolan explains how proper estate planning can save your family thousands of dollars. Due to Federal Income Tax and Federal Estate Tax, it is often joked that the government gets the last laugh by taxing your assets even after you’ve already passed. Read More

Estate Planning for Parents of Special Needs Adult Children

Parents of disabled children have unique estate planning needs. How they plan can greatly impact their child’s eligibility for public benefits and overall quality of life. Estate planning for parents of special needs adult children must be… Read More

Estate Planning for Second Marriages

Second marriages are an opportunity to start again. They’re also a perfect time to evaluate and address your assets and your future. Remarrying impacts not only your family structure but also your finances, goals, and responsibilities. Read More

Estate Planning Guide in Tennessee

Estate planning is an essential process, not just for those approaching retirement but for individuals and families at all stages of life. Creating an estate plan provides certainty, both for yourself and your loved ones. Read More

Estate Planning Guide: When to Start Estate Planning

You have probably heard that getting your affairs in order is a good idea so your loved ones are protected when you pass away or become incapacitated. But you may not know exactly when to start planning your estate. Read More

Estate Planning Mistakes That You Should Know

In theory, creating an estate plan is a pretty straightforward process. However, in practice, there are many estate planning mistakes that prevent your plan from having its intended effect. Read More

How Are Survivorship Life Insurance Policies Helpful In Estate Planning?

You may not know this, but life insurance can be an incredibly useful estate planning tool. One question our team frequently encounters is, “How are survivorship life insurance policies helpful in estate planning?” Read More

How Are Survivorship Life Insurance Policies Helpful In Estate Planning?

You may not know this, but life insurance can be an incredibly useful estate planning tool. One question our team frequently encounters is, “How are survivorship life insurance policies helpful in estate planning?” Read More

How Much Does Estate Planning Cost?

Thinking about and planning for what happens to your assets when you pass away can be uncomfortable. But it is essential to put a plan in place to care for your loved ones and distribute your assets according to your wishes. If you do not have a plan in place… Read More

National Health Care Decisions Day

April 16 is National Health Care Decisions Day. In recognition of this day, we would encourage everyone to have meaningful discussions with your family and friends about your wishes with regard to medical treatment decisions. Your thoughts about medical treatment will no doubt change with age and health… Read More

Portability – how it works for estate tax

Batson Nolan explains portability in more detail using estate examples. In 2013, Congress permanently passed into law what is known as the portability election. Portability allows a surviving spouse to use the unused federal estate tax exemption ($5.49 million in 2017) of the deceased spouse. Read More

Power of Attorney: Why and When You Need One

A power of attorney is an important part of any estate plan because it anticipates situations where someone becomes incapacitated or disabled. This document can protect your medical and financial interests if you no longer can. Read More

The Importance of Estate Planning

Many people’s perception of estate planning is that writing a will can be a morbid affair. However, there is nothing smarter than making a plan to protect your family. The future is uncertain and preparing for the unknown is the only way to ensure that your wishes are fulfilled. Read More

Time to Update Your Power of Attorney?

We have all heard of scams that target elders in our community. There are several types of scams focused on cheating vulnerable people out of money. They include: Phone calls that state that the elder has just won the lottery and needs to pay taxes before receiving their earnings. Read More

What Estate Planning Documents You Need

You may have heard that estate planning can help protect your family and assets after your death. It’s true that without a valid will, the court will divide your estate according to Tennessee’s intestacy laws. But estate planning is much more than drafting a will. Read More

What family members need to know about disinheritance

Can family members be disinherited in a will? It is not uncommon for a husband or wife to be excluded under their spouse’s will. This situation often occurs when: an estranged husband and wife are separated for a significant period of time, a couple is married later in life and each have children by prior marriages… Read More

What Is Fair in a Second Marriage and Estate Planning?

Getting remarried can be an exciting time, filled with the promise of a new beginning and a brighter future. It’s not unusual to feel renewed hope and happiness as you start this new chapter.  Read More

What Is Inheritance Tax On Property? How It Is Calculated & Who Pays It?

Understanding how inheritances are taxed is essential to maximize the benefit you provide your heirs. It is also important to know if you are receiving an inheritance and wish to maximize your own benefit. One of these taxes is the inheritance tax on property. Read More

Family Law

Fathers Dealing with Parental Alienation Syndrome

Healthy child development requires support from both parents. In a healthy parent/child relationship, parents serve as examples for the child. They nurture their emotional development and capacity to relate to others. Read More

How do I know if I can get an annulment?

There are some common misconceptions about the law surrounding the annulment of a marriage and the availability of an annulment as an “alternative” to divorce. While annulling a marriage can be a more desirable means of ending a marriage, as opposed to… Read More

How Long Does a Father Have to Establish Paternity?

Children benefit significantly from having a relationship with both parents, regardless of the parent’s relationship with each other. While a mother’s rights in Tennessee are automatic, a father must establish paternity to have any legal rights to the child. Read More

Orders of Protection in Tennessee

Batson Nolan PLC provides a summary analysis of TN Protection Orders. In Tennessee, an Order of Protection (OP) provides victims of certain types of abuse with a shield from their abusers that exists outside the context of the criminal courts and criminal law.  Read More

Surrogacy – by J. Matthew Miller

What is surrogacy? Presently in the United States millions of Americans have fertility issues. These issues may involve the potential father, the potential mother, or both intended parents. Read More

Tennessee Surrogacies: Supreme Court Provides Needed Guidance In Traditional Surrogacies

The Tennessee Supreme Court has recently addressed several important issues in traditional surrogacies in the case of In re Baby et al., No. 20116298PT150334, (September 18, 2014). Such issues include: (a) whether Intended Parents may be awarded custody of a child carried by a traditional surrogate… Read More

Tennessee Supreme Court Clarifies the Parental Relocation Statute

One of the most important child custody issues is parental relocation. With one of the largest army bases in the United States, Clarksville and Ft. Campbell often have to deal with parental relocation. Often times, when people retire from the Army, they desire to return home… Read More

Termination of Parental Rights: In re Gabriella., et al

TN Supreme Court Clarifies the Nine Statutory Factors. This past month, in In re Gabriella D., et al, the Tennessee Supreme Court rendered a decision that reclarifies the statutory requirements for whether there are sufficient grounds to terminate the parental rights of a father or mother. Read More

What Financial Responsibility Does Your Military Spouse Have during a Separation?

Marital discord is never easy, and getting legally separated or divorced is even harder for anyone – civilian or military. But when a military couple gets separated or divorced, there are military rules that come into play that do not exist in the civilian world. Read More

What You Should Know About the Conservatorship Process

Seeing a loved one lose their ability to live independently or manage their own affairs is heartbreaking. Whether they’re mentally incapacitated or suffering from a disability, your loved one is vulnerable. But you can do something to protect them. Read More

What You Should Know About the Differences Between Annulment and Divorce

Couples who want to end their marriage have two choices in Kentucky: annulment and divorce. While each of these processes dissolves a marriage, there are some very important differences between annulments and divorces. Read More

Landlord Tenant

Landlord and Tenant rights are controlled under the Uniform Residential Landlord Tenant Act.

What should you know when leasing a property? Are you currently leasing your personal residence? Are you a landlord with residential tenants or considering leasing residential rental property? If so, here are some tips in landlord/tenant law as it applies in Tennessee. Read More


Just Because You Did It…. Doesn’t Mean You’re Guilty!

Find out how a guilty plea can affect you. This article explains important information regarding Tennessee Law in the event you get caught in a “sticky” spot with local law enforcement that results in you being criminally charged. Read More

Mediation vs. Litigation: Pros and Cons of Each Dispute Resolution Method

When parties have a dispute, they typically turn to one of two methods to find a resolution: litigation or mediation. Litigation offers a formal, binding judicial process where a judge, jury, or arbitrator makes a decision concerning the outcome of the dispute. Read More

Nurse Practitioners Are Exempt from Subpoena to Trial

On March 28, Governor Haslam signed a bill adding advance practice nurses to the statutory list of persons exempt from subpoena to trial. As a general rule, anyone can be subpoenaed to testify at trial.  Read More

Tennessee Supreme Court to hear argument in GTLA case

Briefs have been submitted and the Tennessee Supreme Court is expected to hear argument in the case of Sneed v. City of Red Bank, Tennessee. The question presented is whether claims brought against governmental entities under the Tennessee Human Rights Act (“THRA”) are covered by… Read More

Statute of Limitations

One of the most commonly misunderstood, but crucially important aspects of civil law concerns the timeframe that controls when a civil suit can be brought. We often receive calls from persons with cases that would likely be successful at trial, but are barred by the applicable statute of limitations. Read More

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Medical Malpractice

How Much Compensation Is Awarded for Medical Negligence Resulting in Death?

If you have had a loved one die as a result of medical negligence and have filed (or are about to file) a wrongful death claim, you are probably wondering how much compensation is awarded for such claims. It is a logical question that almost everyone in your shoes asks at some point in the process. Read More

How to Seek Compensation for Medical Errors in Tennessee

Medical errors kill over a quarter of a million people in the United States every year, a number that is considerably greater than the combined populations of Clarksville and Springfield, Tennessee. Read More

Is Over-Prescribing Opioids a Form of Medical Malpractice?

Over-prescribing opioids can be a form of medical malpractice. As in most of the law, there is rarely a one-size-fits-all answer to broad legal questions like this one. Whether you can sue your physician for malpractice for over-prescribing opioids depends on… Read More

Medical Malpractice Cases: How Settlement Negotiations Work

Attorneys frequently resolve medical malpractice cases by negotiating a settlement with the practitioner’s insurance company. However, because malpractice is a highly complex area of the law, getting a favorable outcome is rarely easy. Read More

Pregnancy Risks After 35 Weeks: What Women Should Know

By the 35th week of pregnancy, you might feel that you have already entered the home stretch of a grueling marathon. Nevertheless, continuing prenatal care is critical to avoid potential pregnancy complications.  Read More

Premature Births: Can They Be Considered Medical Malpractice?

A typical full-term pregnancy lasts from 39 to 40 weeks. However, some babies can survive outside the womb as early as 24 weeks. There are some inexplicable and natural reasons a baby may be born prematurely. Read More

Proving Causation in a Medical Malpractice Lawsuit

The fact is that people make mistakes. And doctors, nurses, and other healthcare personnel are people, so they also make mistakes. But when those mistakes rise to the level of negligence and cause harm, patients’ lives can be upended. Read More

The Relationship Between Delayed Diagnosis and Medical Malpractice

Medical malpractice happens when people are at their weakest. Patients trust that their doctors will provide the care and treatment they need. Unfortunately, there are times when a doctor fails to provide appropriate or even adequate care. Read More

Understanding Medical Reversals

Getting to know medical reversals. centers on a very important concept that the law refers to as the “standard of care.” Essentially, doctors and other medical personnel have a duty to provide each patient high-quality medical treatment based on the current standard of care. But what, exactly, is the current standard of care?  Read More

What Should I Do If My Child’s Cerebral Palsy was Preventable?

To learn that your child has cerebral palsy is often unexpected. You may be wondering what you could have done differently and if it was preventable. Sometimes the cause of cerebral palsy in a child is unknown or linked to genetics.  Read More

What Types of Surgical Errors Can Lead to Filing a Medical Malpractice Claim?

Many people today are health conscious. We listen to medical experts who are happy to impart their knowledge of how the body functions, and we follow the advice that best suits us—all in an attempt to live a happier, healthier life.  Read More

What Will Happen If Surgery Goes Wrong?

Most surgeries and medical procedures go off without a hitch. However, some surgeries are more complex than others, and sometimes surgeons make mistakes that can affect the rest of a patient’s life. Read More

What You Need to Know About Express vs. Implied Consent

When you go to a doctor for medical treatment, you expect that the doctor will ask you before engaging in any course of treatment. For example, before a surgeon operates on a patient, they will go over the risks of the procedure with the patient and obtain the patient’s permission. Read More

Motor Vehicle Accidents

Avoiding Car Wrecks and Tickets – April’s Rules of the Road

Most drivers today are only concerned with the Rules of the Road in two instances: (1) when they are studying for their driver’s license or permit and (2) when they are in a car wreck. If you are like most drivers, after you received your license, you flushed all that Rules of the Road information out of your brain. Read More

Avoiding Car Wrecks and Tickets – May’s Rules of the Road

Tennessee Code Annotated § 55-9-302 contains Tennessee’s Helmet Law for motorcycle drivers and passengers on Tennessee roads. The introductory paragraph to section 55-9-302(a) contains the basic rule: The driver of a motorcycle, motorized bicycle, as defined in chapter 8 of this title… Read More

Avoiding Car Wrecks and Tickets – June’s Rules of the Road

This month, we will focus on the following Rules of the Road: (1) bicycle laws and (2) seat belt laws. Tennessee has several statutes concerning the operation of bicycles on roadways and the treatment of bicycle riders by operators of motor vehicles. Read More

Biggest Truck Accident Settlements in the USA

Collisions involving large commercial vehicles such as semi-trucks, tractor-trailers, and moving trucks can often cause catastrophic injuries. According to the Federal Motor Carrier Safety Administration, buses and trucks comprise nearly 13% of all fatal traffic accidents nationwide. Read More

What You Should Know About Car Accident Nerve Injuries

Unfortunately, auto accidents happen. When they happen, they bring about stress, property damage, and financial losses. An auto accident may also cause injuries. While people associate specific injuries like broken bones or lacerations with car accidents, a car accident can also cause nerve damage. Read More

Breaking News On TRID

Breaking: CFPB Issuing Proposed Amendment to Delay Effective Date of TILA-RESPA Integrated Disclosure (TRID) Rule to October 1, 2015. Read More

How Much Is the Compensation for Death from a Car Accident?

How much is compensation for death from a car accident in Tennessee? As you might suspect, it depends on a number of factors. Do not listen to the insurance adjuster. After all, insurance adjusters exist for one main purpose ー to protect the insurance company by… Read More

What Are Your Legal Rights after an Accident Involving a Commercial Vehicle?

Commercial vehicles come in all shapes and sizes. We’ve all seen the pizza delivery cars with their rooftop logo signs, landscaping company trucks, and utility company vans – all the way up to the 18 wheelers that we all encounter on a daily basis. Read More

What to Do When You’ve Been Injured in an Out-of-State Car Accident

You pack up your belongings and head out of state to go see your family at Christmas or any other time of the year. The last thing on your mind as you set out on your adventure is what you should do if you get in a car crash accident once you leave your home state (which is Tennessee, if you’re lucky).  Read More

Who Is Liable in a Self-Driving Car Accident?

Self-driving cars are here to stay. While Tesla has led the market over the past several years, all of the major manufacturers are now developing cars with self-driving capabilities. Regulators are working toward developing a framework that will support the introduction of fully-autonomous vehicles… Read More

Why do I need uninsured motorist coverage in Tennessee?

Protect yourself against uninsured or underinsured drivers in Tennessee, maintain uninsured motorist coverage. Uninsured motorist coverage is for the loss suffered by an insured person, not the liability incurred by the uninsured motorist. Because of this kind of coverage the insured person will have some form of recovery… Read More

Personal Injury

5 Personal Injury Facts That You Need to Know

A person can file a personal injury claim when another person’s act causes an accident that results in their injuries. Personal injury claims are designed to repay the victim for the losses they suffered due to the opposing party’s negligence. Read More

Common Emergency Room Mistakes and How to Avoid Them

No one plans on going to the emergency room. Yet, according to the Centers for Disease Control and Prevention (CDC), there were 130 million emergency room visits in 2018 alone. Read More

Common Mistakes Committed by Personal Injury Plaintiffs

When you are in an accident, there is typically some level of shock involved. In the midst of the aftershock, most people are not thinking as clearly as they normally would, so mistakes can be made. Read More

Dog Bite: What Kind of Compensation Can I Get?

Dog attacks can be extremely dangerous and vicious, sometimes causing serious and significant injuries. In many cases, dog bites can cause permanent disfiguring scars that last for a lifetime. Read More

Father’s Day Safety Tips: Stay Away from Gifts That May Injure Your Dad

Every June, we all get the chance to honor our fathers. It is a time of reflection where we think back over the past year and recognize the sacrifices and contributions our fathers have made to make our lives more fulfilling. Read More

Filing a Claim When Injured as Motorcycle Passenger

If you suffered an injury as a passenger in a motorcycle accident caused by someone else, the odds are you have a valid motorcycle accident claim. Your challenge will be to determine who caused the accident, who is responsible for paying your claim… Read More

Here’s How You Calculate Pain and Suffering Damages

Doctors and nurses are people, and people make mistakes. However, negligent medical mistakes happen far too often and can utterly change a victim’s life for the worse. That is why the law allows victims of medical malpractice to… Read More

How Coronavirus (COVID-19) Might Affect Personal Injury Lawsuits

Amid the COVID-19 outbreak, the world has certainly changed recently – and this has left many of us with questions. These questions range from how our children will finish the school year , how and where we will be able to work, and most importantly… Read More

Personal Injury Claim: Statute of Limitation for Personal Injury Case in Tennessee

If you sustain injuries in an accident you did not cause, you might consider pursuing legal action. In Tennessee, you have very little time to do so thanks to the statute of limitations for personal injury cases. The statute provides you with only one year to file a lawsuit. Read More

Proof of Driver Distraction In a Personal Injury Claim

If you said the words “texting while driving” 15 years ago, you would likely have been met with a puzzled look. Most people back then would have said, What is that? But now, this phrase is quite commonly understood because it has shined light on the tragic consequences of distracted driving. Read More

Rating Your Pain Matters in a Personal Injury Case

When you have been injured by someone else’s negligence, you can usually pursue an injury claim against the responsible party. You may know that in any negligence case you can recover two types of damages—economic and non-economic. Read More

Steps to Take After a Car Crash

What to do immediately following an accident, and why getting a knowledgeable attorney early is so important. When you are involved in a car crash, the minutes and hours immediately following your accident are some the most crucial.  Read More

What Happens When I Am Partially at Fault for My Injuries?

If you are in an accident, you’re probably wondering, What happens when I am partially at fault for my injuries? Since liability laws vary from state to state, it’s important to have an experienced injury legal practitioner on your side. Read More

What You Need to Know About Brain Injury Lawsuits

Our brain controls just about every aspect of our body, including our ability to think and process information. So when it is damaged, even a little, the impact on our life can be severe. Unfortunately, brain injuries are not rare in the United States.  Read More


How Long Does Probate Take in Tennessee?

When a loved one dies, your family faces the difficult process of grieving and making funeral arrangements. After that, you may wonder who will pay the remaining medical bills and when you might receive your inheritance.  Read More

Is Probate Needed When There Is A Will?

Probate can be a time-consuming and expensive process. Fortunately, not all estates have to go through probate. After a loved one dies, is probate necessary when there is a will? Not necessarily. Read More

Our Guide on Probate Distribution of Estate

All probate assets must go through the probate process before being distributed to beneficiaries. Though the rules for asset distribution in probate courts seem straightforward, they are fairly complex. While probate assets are allocated according to… Read More

Probate Worries: How Much Does It Cost?

Probate is a time-consuming process that comes with certain fees. Although not all estates have to go through probate, for those that do, the expenses for this process can be substantial. So how much does probate cost in Tennessee? Read More

Simple Ways to Avoid Probate in Clarksville

The probate process is the legal proceeding in which a deceased person’s estate is administered and settled. Probate is necessary if a person dies and has assets in their name only. It is likely that the person’s estate will have to be probated before the heirs or beneficiaries…  Read More

What to Expect in a Probate Court Hearing

Losing a loved one is never easy. And dealing with questions of inheritance can make things even more emotional and challenging. Before you can claim a deceased family member’s assets, including their home or car, their estate must go through probate.  Read More

Real Estate

A Legal Guide to Title Insurance in Real Estate: Essential Insights and Advice

You have probably heard of the term but wonder, What is title insurance in real estate? Title insurance protects home buyers and lenders from potential financial loss due to defects in the property title. Read More

CFPB Mortgage Disclosure Changes

Effective August 1, 2015, the Consumer Financial Protection Bureau (CFPB) has new rules that substantially amend components of the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA). Read More

Do You Need a Lawyer to Buy a House in Tennessee?

While there is no legal requirement to retain an attorney to buy a house in Tennessee, it is nevertheless prudent. Buying a home is a huge investment and expense, and the process involves complex contract language and specific legal requirements that can benefit from a lawyer’s involvement. Read More

Title Insurance Vital to Protecting Homebuyers

As recently as this summer, some questioned the use of title insurance, suggesting it was an unnecessary expense when purchasing a home. Yet over the last few months, reports that paperwork in the foreclosure process could be invalid have raised questions about the validity of title to foreclosed properties… Read More

To Speak… or Not to Speak? That’s the Question when Buying or Selling a Home in Tennessee!

Are you considering selling or purchasing a home? If so, Tennessee law requires that certain disclosures be met before you close. Tennessee law requires owners of real property to disclose any known material defects that may exist on the property to future purchasers. Read More

What Does a Real Estate Attorney Do? Responsibilities of a Real Estate Attorney

A real estate attorney is a licensed and skilled professional authorized to handle the vital documents and contracts involved in buying and selling real estate. Every real estate lawyer should possess the legal expertise to prepare and review such paperwork. Read More

What Does Under Contract Mean in Real Estate?

Buyers looking for potential houses to purchase may have noticed the terms “under contract” or “pending sale” when perusing listings. But what does under contract mean in real estate? In this article, the Batson Nolan PLC team answers this question and walks you through the stages of a real estate transaction. Read More

What Is Quiet Title in Real Estate?

Wondering, What is a quiet title in real estate? It is a type of lawsuit filed to clear up questions about property ownership. People may discover these questions when they run into issues buying or selling real estate or performing improvements on their homes. Read More

Who Pays for Title Insurance in a Real Estate Transaction?

According to Tennessee REALTORS, buyers looking for their next property have plenty of options, with over 32,000 homes listed on the market in Tennessee as of October 2022. But before you put in or accept an offer, you may wonder about what costs you will be expected to pay. Read More

Slip And Fall Accidents

What Are the Types of Injuries You Can Get from a Slip and Fall Accident?

Slip-and-fall accidents can happen just about anywhere. Whether you are out shopping, on your way to work, on a military base, or visiting a neighbor, dangerous conditions on any type of public or private property can leave you suffering from life-altering injuries. Read More

Who Is Liable for a Slip and Fall in Grocery Store Establishments?

If you suffered slip and fall injuries in a grocery store or big-box retailer, it may be easy to overlook your injuries. However, once the medical bills start rolling in, many accident victims find themselves looking for ways to help cover their accident-related expenses. Read More

Social Security Disability

Understanding Social Security Disability Benefit Requirements

Social Security Disability benefits can dramatically impact your quality of life – if you understand what types of programs your may be eligible for and the requisite application procedures. Fortunately, the experienced Social Security attorneys at Batson Nolan are ready and willing to assist you… Read More

What is a Compassionate Allowance through Social Security?

Compassionate Allowances allow Social Security to target the most obviously disabled individuals for allowances based on objective medical information that can be obtained quickly. Compassionate Allowances (CAL) are a way of quickly identifying diseases and other medical conditions…  Read More

Wills & Trusts

Batson Nolan explains ILIT Trusts and Crummey Letters

Many clients are unaware that the value of their life insurance policies may be included in the value of their estates at the time of their death. Due to the high estate tax exemptions currently, this inclusion by the IRS does not affect most individuals or families. Read More

Can Dementia Invalidate a Will?

As American life expectancies get higher, the number of people with dementia also increases. The CDC estimates that around 5.8 million people in the United States have some form of dementia. Without any medical breakthroughs, this number will likely grow to 60 million people by 2060. Read More

Exploring Grounds for Contesting a Will

Will disputes are among the most challenging situations a grieving family can go through. A contested will adds significant uncertainty regarding how a decedent’s estate is distributed to their heirs and beneficiaries. Read More

My Parents Died Without A Will, What Should I Do?

Losing a parent is one of life’s most trying experiences. In addition to coping with your grief, you might be unsure what to do about your parent’s outstanding bills, home, and car. Even without a will, the law provides… Read More

Trust Guide: What Are Revocable and Irrevocable Trusts?

Trusts are powerful estate planning tools that you can use to preserve your wealth, maintain your privacy, and provide for your family when you are gone. But if you’ve done any research on trusts, you may have heard about revocable and irrevocable trusts, leading you to ask, “What are revocable and irrevocable trusts?” Read More

Trust vs Will: Who Needs a Trust Instead of a Will?

Deciding to begin the estate planning process is an essential step toward protecting your loved ones. An effective estate plan can protect your property while ensuring it is distributed according to your wishes. A well-crafted estate plan also helps you prevent unnecessary and costly conflicts among your loved ones. Read More

What happens if you die without a will?

The consequences of not planning for your death. According to a recent Harris Poll regarding a will: 64% of Americans do not currently have a will, out of the 64% that do not have a will, 27% said a will was not an urgent need, 15% said they do not need one at all. Read More

What Is a Deed of Trust?

When you buy or sell property in Tennessee, you may start hearing a host of unfamiliar terms. Closing? Contingencies? Disclosure? Deeds of trust? Earnest money? We focused this article on deeds of trust to help you begin to understand the legal terms you may encounter during the transaction process. Read More

Why is a Living Will Important?

A Living Will ensures your wishes are fulfilled in the event that you can’t speak for yourself. In 1990, a 26-year old bookkeeper named Terri Schiavo collapsed from cardiac arrest at her residence in St. Petersburg, Florida. She was eventually resuscitated by paramedics, but she suffered massive brain damage…  Read More

Wills vs Trust: How Do You Decide on a Will vs a Trust

If you are considering creating an estate plan, you may wonder, How do you decide on a will vs a trust? A will provides a comprehensive plan for how you would like your assets to be distributed after you die. In contrast, a trust owns assets for the benefit of one or more parties (called beneficiaries). Read More