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Law Blog

What can I do if my boss doesn't pay me for time I have worked?

December 5, 2014
Federal law requires employees pay their (non-exempt) employees at least the federally-mandated minimum wage for every hour worked. For every hour worked over 40 hours per work, employers must pay their employees 1.5 times their hourly rate. 
 
Problems arise when employers ask employees to work "off the clock", in an attempt to avoid paying employees overtime pay or straight pay. Employers also can misclassify ...

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Trucker in Massive Rig Destroys Two Families in His Sleep. 'Burn in Hell'

September 30, 2014

As this article shows, the current minimum truck insruance of $750,000 is woefully inadequate. How could a family be expected to care for a seriously disabled and brain injured child for this rest of his life on $750,000? It is time our leglisloators and regulators act!

 

http://www.bloomberg.com/news/2014-09-30/death-on-highway-leaves-trucker-angry-at-widower-and-god.html



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The Truckers’ Paradox – Revenue Up, Driver Pay Down

August 26, 2014
The Truckers’ Paradox – Revenue Up, Driver Pay Down
As outlined in a recent New York Times Article by Neil Irwin, a major publicly-held trucking company, Swift Transportation (NYSE – SWFT), recently announced quarterly results and the stock promptly plummetted nearly 18%, because, the article claims, there was “too much” business and the company was constrained by “the challenging ...

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Should I talk to the police ?

August 12, 2014
People often wonder if they should talk to police when questioned about a crime. The short answer is "No!" It is seldom a positive result. Innocent people can appear nervous and say things they didn't mean. Police are skilled at quesioning and can cause unintended answers through the use of their skillS. These innocent mistakes can lead to disasterous results and criminal procecution. If unsure, you should respectfully ...

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Investigation of Potential Claims Against Edward Jones for Unsuitable Recommendation of ETFs to Customers

May 21, 2014
Investigation of Potential Claims Against Edward Jones for Unsuitable Recommendation of ETFs to Customers
May 9, 2014 --- Hardee, Martin & Donahoe is actively investigating potential legal claims and loss recovery options against brokerage firm Edward D. Jones & Co for actions of some of its registered representatives in making unsuitable recommendations to customers to purchase nontraditional exchange-traded ...

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HMD welcomes attorney Rebecca Griffey to the firm

May 21, 2014
Rebecca Davis Griffey is an experienced litigator with 14 years representing both plaintiffs and defendants in state and federal court litigation matters as well as matters in AAA and FINRA arbitration.
Rebecca is a 1993 graduate of Hutchison School in Memphis, Tennessee.  Rebecca went on to attend Harvard University as well as Smith College in Massachusetts and ultimately graduated in 1997 with Honors from Rhodes ...

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Investigation of Potential Claims Against Stifel, Nicolaus for Actions of Former Cordova, Tennessee Broker William Bradford Coolidge

May 2, 2014
Investigation of Potential Claims Against Stifel, Nicolaus for Actions of Former Cordova, Tennessee Broker William Bradford Coolidge
Hardee, Martin & Donahoe is actively investigating potential legal claims and loss recovery options against brokerage and investment banking firm Stifel, Nicolaus & Co., Inc. for actions of one of its former registered representatives in its Cordova, Tennessee office – ...

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Use of Androgen and other gels may be linked to increased health risks

April 18, 2014
Topical testosterone gels have been prescribed to men in recent years to alleviate naturally declining levels. Surpassing sales of 2 billion dollars annually, many men have experienced adversed reactions and serious health consequences after having used these gels for a condition called "Low-T". There is a disagreement in the medical community over whether "Low-T" is really a medical condition or just a natural consequence ...

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Lawyer Joe Napiltonia testifies before the Senate Judiciary Committee

April 4, 2014
Further solidifying his reputation as a national expert and advocate for veterans' rights, Hardee, Martin & Donahoe Lawyer, Joe Napiltonia testified before the Senate Judiciary Committee in Washington D.C. recently. Mr. Napiltonia was asked about his representation of a former employee and veteran of a national package delivery company who was terminated for having served our country. The testimony was part of the ...

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Jackson Sun Readers' Choice Winner

March 27, 2014

The readers of the Jackson Sun picked Hardee, Martin & Donahoe as the winner for their favorite choice of law firms!  Thank you to all of our past and future clients who make this possible.   

 

 



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Lawyer Joe Napiltonia joins Hardee, Martin & Donahoe!

December 4, 2013
We are proud to announce Lawyer Joe Napiltonia has joined our firm.  A former Navy SEAL, Joe defends veterans when their rights have been infringed upon by corporations or employers after return from active military service.  Federal law mandates job protection for those who must leave employment to serve our country.  Joe protects those rights for our veterans.  
 
Joe's experience as a Navy ...

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FEDERAL JURY VERDICT - NOT GUILTY

August 22, 2013
HARDEE, MARTIN & DONAHOE Shareholder and Criminal Trial Specialist Mark Donahoe recently tried to jury verdict charges against our client accused of felon in possession of a weapon.  During trial, evidence presented showed, through police investigation and cross-examination of the alleged victim, she wasn't assaulted and our client had picked up a BB gun for protection from the alleged victim's boyfriend.   
 
After ...

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Hardee, Martin & Donahoe, P.A.'s Bradley Owens Named 2013 "Rising Star" in SuperLawyers

August 21, 2013

Shareholder Bradley Owens was named 2013 Mid-South "Rising Star" in SuperLawyers Magazine.  Mr. Owens was also recently recognized as the 2013 Gibson County "Young Professional of the Year."  Congratulations, Bradley! 



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HARDEE, MARTIN & DONAHOE OPENS FRANKLIN, TENNESSEE OFFICE

July 10, 2013
To better serve our clients, in addition to our offices in Jackson and Trenton, we have opened an office in Franklin (near Nashville), Tennessee.  The office is located at 219 3rd Avenue, Franklin, Tennessee.  

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New trucking rules in effect now: https://www.fmcsa.dot.gov/rules-regulations/topics/hos/index.htm

July 3, 2013
Hours-of-Service (HOS) Regulations – Comparison
Comparision to Prior Rule. [Download PDF Version]
PROVISIONPRIOR RULEUPDATED RULE – COMPLIANCE DATE
JULY 1, 2013
Limitations on minimum "34-hour restarts"
None
(1) Must include two periods from 1 a.m. to 5 a.m., home terminal time.
(2) May only be used once per week, 168 hours, measured from the beginning of the previous restart.
Rest breaks
None ...

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Important considerations when hiring a trucking accident lawyer

June 3, 2013
When considering hiring a trucking accident lawyer, the amount of money compensation you receive will largely be determined by how the attorney you choose to represent you handles your case.  It is important for your lawyer to understand collisions involving large commercial trucks or tractor-trailers are different than automobile wrecks.  Why?  The companies and drivers who are licensed to operate large ...

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Hardee, Martin & Donahoe criminal defense lawyers win important case before the Tennessee Supreme Court

April 19, 2013
Criminal defense attorneys at Hardee, Martin & Donahoe, P.A. successfully defended a client accused of murder before the Tennessee Supreme Court.  The court found that evidence was wrongly admitted by the trial court because of failures to advise the accused of his Constitutional rights.  The case will be remanded to the trial court for another trial and was handeled by lawyers Mark Donahoe and Andrea Sipes. ...

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Are commercial trucks required to carry insurance?

April 19, 2013
 
 
We recently received a question through a web-user who asked if commercial trucking companies were required to carry collision [liability] insurance.  The answer is YES.  Like automobiles, trucks must also carry insurance.  The minimum insurance a commercial truck must carry is $750,000.  If the truck is authorized to carry HAZMAT (hazardous) materials, it must carry a minimum of $5,000,000 ...

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Secrets Law Firms DON'T Want You to Know

April 3, 2013
Many of our current and past clients at HARDEE, MARTIN & DONAHOE, P.A. hire our lawyers after having gotten fed-up with other law firms.  We hear the same complaints over and over, "They wouldn't return my calls", "I never talked to a lawyer, just an assistant", "They were afraid to go to court", "It seemed like they were working for the other side."
 
The last statement may be closer to the truth than ...

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Trucking companies oppose new limits on driving time

March 28, 2013
According to Bloomberg.com, the trucking industry opposes new limits on driving hours and is worried these limits will derease revenue by as much as $470 million dollars a year industry wide.  In support of their opposition, the industry blames the Obama administration for “exaggerating” data related to fatigue-caused crashes.  
The target of the opposition is a rule proposed to go in effect that ...

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Fatigued driving is unsafe driving

March 28, 2013

 
As is show in the above graph, the increase in trucking accidents increases significantly the longer a truck driver has driven on a trip.  In order to reduce the number of serious accidents caused by fatigued driving by truckers on our interstates, the government administration has established maximum hours truckers can drive before they must take a break.  The maximum hours are designed to ensure truckers ...

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How trucking companies and insurance companies respond to collisions

March 26, 2013
It may or may not be surprising that most large trucking companies and the insurance companies that insure the trucking companies have formal policies and procedures that dictate how they will respond when a truck is involved in a serious collision.  First, they instruct the drivers immediately to call the company to notifiy them of the wreck before anything else so the company can send over investigators.  They ...

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Supreme Court interjects some clarity in right to proceeds

March 23, 2013
Many people who have been injured are surprised to learn their health insurance companies, Medicare, Medicaid and TennCare (State administered Medicaid) can legally claim ownership to much of the settlement or trial proceeds that were intended to compensate victims of negligence.  State laws have been passed to entitle them to do this.
Lawyers and their clients can be personally sued if they fail to satisfy these ...

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March is National Brain Injury Awareness Month - what you can do

March 14, 2013
March is National Brain Injury Awareness Month.  Approximately 275,000 people this year will be admitted to hospitals for treatment of brain injuries and another 1.365 million will be seen and released from emergency departments for injuries to the head.   There are 3.1 million persons living in the United States who are dealing with the challenges of living with traumatic brain injuries.
 
According to ...

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Resources for trucking company information

March 13, 2013
The U.S. Department of Transportation, Federal Motor Carrier Safety Administration makes available to the public statistical and safety information about trucking companies operating in the United States and Canada.  This resource provides important safety data about trucking companies, including collision records, inspection records, hours of service data and out of service data.  There is a rating system ...

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DePuy ASR Jury Verdict

March 13, 2013
DePuy, a division of the large Fortune 500 conglomorate Johnson and Johnson, sold about 93,000 of the ASR hip implants.  These hip implants were marketed by DePuy as a safe and revolutionary alternative to traditional hip implants in they would last longer and allow patients to do more rigorous physical activity withour fear of failure of the implant.  
 
After high failure rates, DePuy issued a recall ...

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Event Data Recorders

March 12, 2013
New proposed laws require Event Data Recorders (EDRs) to be placed in all new automobiles sold in the United States. EDRs are similar to airplane "black boxes" and record your seat belt use, speed, steering, braking and at least a dozen other items of data. When your air bag deploys, EDRs records a few seconds before, during and after a crash.  Many automobiles and trucks already use this technology.  Usually ...

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Yaz injuries

March 12, 2013
The manufacturer of the birth control pill Yaz has been faced withover 10,000 claims as a result of having not having properly warned consumers of the drug for the increased risk of women developing blood clots, strokes and other dangerous side effects.  Our firm is actively handling these claims which have beeen consolidated in an Illinois federal court.  If you suffered blood clots, DVT or other injuries, ...

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Congratulations to our New Shareholders!

January 29, 2013

Hardee, Martin & Donahoe, P.A. is pleased to announce that Michael Cash and Matthew Wright have been named Shareholders in the firm as of January 1st, 2013!  Congratulations Mike and Matt!

 



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Finding Legal Representation

January 29, 2013
Question:           What should I look for when finding legal representation?
 
Answer:            While there are plenty of knowledgeable attorneys with fancy degrees, the best and most effective lawyers care about their clients.  It is a simple concept.  Unfortunately, not all lawyers ...

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Wrongful Death Compensation

January 28, 2013
Question:       What compensation can a party receive in Tennessee in a claim for wrongful death?
 
Answer:          In Tennessee, the damages available in a claim for wrongful death are governed by statute, Tenn. Code Ann. § 20-5-113 which establishes two categories of damages.  The first type are those damages that the person who ...

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