Cole Law Group Blog

Understanding USERRA The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is a federal law designed to protect the civilian employment of active, reserve, and national guard military personnel in the United States called to active duty.1 The three major purposes of USERRA are protection against discrimination, minimize disruption by providing for prompt…

“Every battle is won or lost before it is ever fought.” Although we say, “until death do us part” and fully expect our lives with that special someone to last forever, unfortunately, sometimes those expectations fall short of the reality.  Whether it’s because one spouse did something unforgivable or you simply grew apart, divorce may…

HIPAA is a complicated law with numerous provisions. HIPAA is the abbreviation of the 1996 Health Insurance Portability and Accountability Act, Public Law 104-191.1 HIPAA included provisions in the law that authorized the U.S. Department of Health & Human Services (HHS) to adopt national standards to protect the privacy of personal health information. HIPAA mandated…

In most instances under the law, debt is incurred in the capacity of the person(s) involved in the transaction only. Yet, there are several exceptions to this rule. State contract and family law apply to determine if one spouse may be liable for the debt of the other spouse. Tennessee law has provisions for garnishment,…

The Uniform Code of Military Justice (UCMJ) is located in Chapter 37 of the United States Code.¹It is Federal law that applies to the U.S. Military. The UCMJ “defines the military justice system and lists criminal offenses under military law.”² On January 1, 2019, major changes to the Uniform Code of Military Justice took effect.³…

I am an attorney and former teacher as well as a mother and wife to a houseful of gamers.  People often find it difficult to understand how I could support the idea of my kids becoming competitive Esports players or my 19-year-old son, who scored a 33 on the ACT, foregoing college to pursue a career…

“Until one has loved an animal a part of one’s soul remains unawakened.” – Anatole France Wedding china, dining room table, artwork collection… pets? As most of the United States today, Tennessee included, continues to deem pets as personal property, many divorcing pet owners will face the question, “Where will Fido go?”  This question is particularly…

There have been several high-powered legal battles about the Constitutionality of the Affordable Care Act (ACA) ever since the Act became a law in March 2010.1 Several of these cases have considered important Constitutional issues such as the extent of Congress’ commerce clause, necessary and proper, and tax power.2 In NFIB v. Sebelius a split supreme court…

Oftentimes in litigation, parties continuously seek the all-important piece of evidence to help win their case. This vastly important piece of evidence is sometimes known as a “smoking gun.” Some examples of a “smoking gun” may include the video of an injury that occurred on the premises of a business that clearly shows the injury…

After over a year of litigation, the United States Supreme Court recently upheld President Trump’s so-called “travel ban” as constitutional and statutorily permissible. See Trump v. Hawaii, 585 U.S. ____ (2018). Criticized by many as invidious, imprudent, or unnecessary, Presidential Proclamation No. 9645 attempts to improve screening procedures related to national security for individuals from countries…