Focus on the Law: Tort Reform

By Sharon Frankenberg, Attorney at Law The topic of tort reform does not generate the intense, passionate debate that it once did.  The medical malpractice crisis of the 1990s that was going to drive all physicians out of business never quite materialized.  Babies are somehow still being delivered by obstetricians.   Medical schools are still attracting […]

Focus on the Law: Genetic information discrimination

By Sharon Frankenberg, Attorney at Law With the tremendous advances we have seen in medicine, and particularly in genetic research, the law has to try to anticipate problems resulting from these advances.  One area that I want to focus on today is laws relating to genetic information discrimination in employment and health insurance. “Genetic information” […]

Focus on the Law: Foster Care Overhaul in Tennessee

By Sharon Frankenberg, Attorney at Law In 2000, a federal class action lawsuit known as the Brian A. Case was filed in Nashville on behalf of all children in state custody.  At that time the number of children in the custody of Tennessee’s Department of Children’s Services (DCS) was more than 9,000.  The lawsuit alleged […]

Focus on the Law: Judicial Selection: The Tennessee Plan

By Sharon Frankenberg, Attorney at Law Would it surprise you to hear that the majority of our appellate judges in Tennessee will be up for a “yes-no” retention election in August 2014?  Voters may select whether or not to keep each judge listed on the ballot in office.  Appellate judges include judges on the Court […]

Focus on the Law: Help for victims of domestic violence

October is National Domestic Violence Awareness Month.  Domestic violence occurs across all segments of our society, regardless of race, education, income or sexual orientation.  Whether you are aware of it or not, you likely have neighbors who are or have been victims of domestic violence.  My hope is that you will take something from this […]

Focus on the Law: Domestic Violence

by Sharon Frankenberg, Attorney at Law October is National Domestic Violence Awareness Month.  Domestic violence is a pattern of controlling behavior aimed at gaining power in order to control an intimate partner.  “It is not just about hitting and punching.  It is a pattern of assaultive and coercive behavior, including psychological, sexual and physical abuse. […]

Focus on the Law: Foreclosures

By Sharon Frankenberg, Attorney at Law When you purchase real property and finance part of the purchase price you will usually sign a promissory note and a deed of trust.   The promissory note is the promise to pay.  The deed of trust document places the legal title to the real property in a trustee to […]

Focus on the Law: Aliens and Social Security Disability

By Sharon Frankenberg, Attorney at Law This week I consulted a great book by Charles T. Hall called Social Security Disability Practice  to look into some unfamiliar issues in disability law.  I will admit that I was a bit surprised by what I found out.  According to Hall, foreign nationals who live outside the United […]

Focus on the Law: Mental Health Commitments

By Sharon Frankenberg, Attorney at Law “Commitment” is the common term used to describe the group of procedures for detaining or admitting someone who is mentally ill in Tennessee.  There are four basic procedures and they are covered in Tennessee Code, Title 33.  In summary, these procedures are as follows: Voluntary Admission.  A person may […]

Focus on the Law: Defamation

By Sharon Frankenberg, Attorney at Law Often referred to as “defamation of character,” defamation is the issuance of a false statement about another person which causes that person to suffer harm.   “The essential element of a cause of action for defamation is a false and defamatory statement which caused injury to the plaintiff’s character or […]