HCH March 25 2011 Legal - Chattanooga Bar Association

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2 Friday, March 25, 2011 www.hamiltoncountyherald.com HAMILTON COUNTY HERALD Technology Continued from page 1 demonstrates products and does hearing assessments to size up a person’s needs. The individual can then purchase the equipment that will help him or her from a vendor. “We also do assessments for Rehabilitation Services of Tennessee. In those cases, the State purchases the devices. Businesses have also utilized us to help employees who are hard of hearing function better on the job,” Davenport says. The Technology Center does have some equipment it can loan to individuals who are not vocational rehabilitation clients and can’t afford to purchase the devices on their own. As the world around Huffman opened up for the first time, she made the most of the opportunities her improved hearing presented. She earned a bachelor’s degree in marketing at East Tennessee State University, and then went through vocational rehabilitation at Signal Centers. Huffman then became a VISTA volunteer at Signal Centers through AmeriCorps, a national service program designed to fight poverty. Today, Huffman is using her marketing skills to help the Technology Center spread the word about its services, including its expos, which are designed to raise awareness about the technology that’s available to help deaf people, senior citizens, returning soldiers and more. As part of her yearlong, full-time commitment to Signal Centers, Huffman developed a free packet designed to help people avoid noise-induced hearing loss. Complete with two earplugs, capable of reducing audio levels in conditions as extreme as a NASCAR race, and an instruction card, the kit is available to anyone who would like one. “Noise-induced hearing loss is going to be a big problem for my generation because of ear buds. Ear buds aren’t the best things to wear when listening to Pay parking lots increase in number in downtown area SAVE THE DATE The Pro Bono Committee of the Chattanooga Bar Association, the Young Lawyers Division and Legal Aid of East Tennessee Present Pro Bono Night 2011 Thursday May 26th 5:30-8:00 p.m. Lindsay Street Hall Lindsay St., Chattanooga Join us as we honor the members of the bar and bench who donate their time and talent to help low-income and vulnerable members of our community achieve access to justice. Heavy hors d’ oeuvres, wine and beer will be served. A live auction will feature a low country boil for 6 prepared by Judge Hollingsworth and many other exciting items. Special Guest Cornelia Clark Tennessee Supreme Court Chief Justice We are honored to have Chief Justice Connie Clark provide opening remarks and participate in the presentation of awards. Tickets are $25 To purchase tickets and RSVP contact Matthew Smith at msmith@laet.org When to wear ear protection • When riding a motorcycle; • At loud sporting events; • While attending live music concerts; • When performing with a band or orchestra; • While operating heavy machinery; • At a firing range or while hunting; and • While using loud equipment, such as a lawn mower, chainsaw or jackhammer. an iPod (or another MP3 player) because they don’t block outside noise, so you crank up the volume to hear the music. “That’s bad for your ears, especially when you listen for more than an hour. It would be better to listen with noise- Workers install the Republic Parking pay boxes and machines at the former Unum employee lots downtown last week. The installation of these boxes means that the previous “free parking” at these lots after Unum hours and on weekends will no longer be available. Unum’s new parking deck for their employees is located on Cherry Street. (Erica Tuggle) By Wally Northway The Daily Record Newswire A decision recently rendered by the U.S. Supreme Court opens employers to liability for discriminatory employment practices in a theory that up until the ruling had gained little traction in the higher courts. Now, human resources managers need to be aware that the “cat’s paw” liability theory has been deemed constitutional and holds broad implications for employment practices moving forward. Earlier this month, the Supreme Court ruled unanimously in Staub v. Proctor Hospital that the hospital was guilty of discriminatory employment practices against Staub. The hospital had taken prior disciplinary action against Staub for what it deemed poor work performance. However, Staub maintained that his immediate supervisors discriminated against him because of his military service commitment, in violation of The Uniformed Services Employment and Reemployment Rights Act of 1994, and were angling to have him terminated, which eventually he was. The decision-maker in his termination was not one of his immediate supervisors, but the hospital’s vice president of human resources. The decision-maker cancelling earphones or ear buds that have foam. When people who are my age reach 30 or 40, a lot of them are going to have noise-induced hearing loss, and they’re going to need amplified hearing products,” she says. Even with her hearing aids and other devices, Huffman still has her share of challenges. She has a hard time holding conversations with people who speak quietly, and when a siren is approaching, she’s unable to determine its bearing. When it comes to entertainment, she can’t understand the words of most pop songs because the music overpowers the lyrics, and she rarely goes to the movies because she has difficulty hearing the dialogue. “I’ve become dependent on closed captioning and subtitles. I don’t like having to rely on technology, but it’s something I have to get used to,” she says. Moving forward, Huffman plans to find a marketing job and to continue to spread the word about noise-induced hearing loss. “I want to protect the hearing I have while I still have it, and I want to encourage others to do the same,” she says. For more information about the Technology Center, visit www.signalcenters.org, click on “Programs” and select “Assistive Technology.” v Supreme Court puts claws in ‘cat’s paw’ theory maintained that she decided to terminate Staub because of poor performance and not because of his military service. However, the Supreme Court ruled it found evidence that the decision-maker’s actions were motivated by Staub’s immediate supervisors, whose bias to his military service was unlawful. Thus, the decision-maker’s action was also unlawful. This is commonly referred to as the “cat’s paw” theory of liability. The term was coined from the 17th-century fable “The Monkey and The Cat” written by French poet Jean de La Fontaine. In the fable, the unscrupulous monkey dupes the cat into raking some chestnuts out of a fire. The monkey promptly eats the chestnuts, leaving the cat with nothing but burnt paws. Thus, “cat’s paw” refers to one party using another to accomplish his or her purposes. In Staub v. Proctor Hospital, the Supreme Court ruled that the decision-maker was used by Staub’s immediate supervisors to an end – the termination of Staub. Brooks Eason, an employment attorney and shareholder in the Jackson office of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, said the “cat’s paw” theory had percolated Continued on page 9
HAMILTON COUNTY HERALD www.hamiltoncountyherald.com Friday, March 25, 2011 3 under analysis By the Levison Group Mark Levison Charles Kramer Spencer Farris Michelle St. Germain Sometimes lawyers fight to get what their clients want. Other times, we fight for what our clients need. On other occasions we are trying to prevent other lawyers’ clients from getting what they want or need. It can all get somewhat confusing. That is why the truly organized legal zealot keeps a secret list of legal gambits, that he can use when things get out of hand. I am not talking about causes of action or affirmative defenses or other claims and defenses that appear in written pleadings or in legal courtroom argument. I am instead referring to real world methodologies used to turn the tide of negotiations, prevent suits from being filed, achieve victory without blood spilt, and the like. I am talking about the measures, tactics, or actions that you use once as the result of desperation, and then add to your list of exploits for future consideration because they worked. Legal gambits are a lot like the opening lines used in bars by the truly successful Don Juan types. In the night club seduction dance, the first time a phrase is turned, it is born out of the time and circumstance. Upon realizing that the charming one liner broke the ice and engendered social interaction, however, the smooth talker files it away for reuse at a later date, with another person. The first utterance is creativity and charm. The re-use becomes a “line.” Using less salt means more health advantages Salt shakers may be as common on our dining tables as plates and silverware, but Tennesseans are reminded of the importance of reducing salt intake to improve health. The Tennessee Department of Health is working to educate Tennesseans about the link between high salt intake and disease. “Cardiovascular disease is the number one cause of death in Tennessee, and diabetes is number seven, but we can reduce our risk of these diseases by lowering our salt intake,” said Health Commissioner Susan R. Cooper, MSN, RN. There are simple ways to lower the amount of salt in our meals without sacrificing the good tastes we all enjoy.” Science has repeatedly shown the link between high salt intake and diseases including high blood pressure, heart disease, stroke and diabetes. Studies also show that reducing salt intake is an effective way to reduce risk for these diseases. The 2010 Dietary Guidelines HCH Hamilton County Herald University Tower 651 East 4th Street, Suite 100 Chattanooga, TN 37403 Zone defense proves to be lawyer’s friend By Charles Kramer Of course, that doesn’t make the “line” any less successful, and the same is true of the legal gambit. The first legal gambit I ever developed was the First Name Missile. As a young lawyer many moons ago, it quickly became apparent that more seasoned adversaries would attempt to intimidate me and sap my confidence by pointing out my lack of experience, knowledge or training. They would attempt to portray themselves as my superior and me as their fledgling unequal. To counter these efforts, I quickly determined it was necessary to elevate my stature in their eyes, even if it meant lowering theirs. One of the easiest methods of accomplishing this goal, I discovered, was the First Name Missile. Upon receipt of correspondence or communications addressed to “Mr. Kramer,” I would immediately respond to “Mike” or “Susan” on the other side. I would similarly walk into a crowded conference room and walk right up to the opposing attorney 30 years my senior and smile, stick out my hand, and say, “Hello Dave, nice to see you.” It was surprising how often that minor gesture changed the mood, and the course of things. The second gambit I recall stumbling upon, however, is one that is so obvious I’m surprised it for Americans recommend most adults consume no more than 2,300 milligrams of sodium each day. However, a reduction to 1,500 milligrams per day is recommended for people over age 51, African-Americans and those with a history of high blood pressure, chronic kidney disease and diabetes. Here are some simple ways to reduce salt in your eating plan: • Check food labels comparing like items and choose lower sodium foods. Also watch for terms like “low sodium” and “no added salt.” • Prepare food using little salt or fewer high-sodium ingredients. For example, skip using salt in cooking pasta, rice, cereals and vegetables. • Taste food before salting it. Lightly salt food only as needed, not as a habit. • Eat fresh fruits and vegetables which are naturally low in sodium • Use herbs, spice rubs and fruit juices in place of salt in cooking. The Hamilton County Herald is available for $15 a year. Call 800-420-5103 now! isn’t used more often. About six years into practice, I was contacted at my office in St Louis at 4:45 p.m. by opposing counsel who insisted that a deal we had been working on for over three months would be dead in the water unless I obtained a certain document from a certain office of the US government immediately. By the time he was done with his explanatory harrange, however, it was 4:54 p.m. My frantic efforts to locate the correct person at the local office succeeded at 4:58, but she informed me nonetheless that the offices were about closed and that no documents could be generated until the next day. I called back opposing counsel to explain, but he simply said it didn’t matter, it was not his client’s position it was actually a deadline required due to some international aspects of the transaction, and that there was nothing they could do. That’s when it dawned on me. I assured him I could fix the problem, got off the phone and called directory assistance (yes, it was before the Internet). Within a scant few minutes, I was able to locate the Los Angeles office of this governmental entity, where it was only 3:30. An hour later, I had the document in the hands of all who needed it, thanks to fax transmission technology. I had the occasion to use the “time zone” defense again • Eat fresh, lean meats, poultry, fish, dry and fresh beans and peas, unsalted nuts and eggs, all of which contain less sodium. • Condiments such as ket- chup, soy sauce, mustard, pickles and mayonnaise may be high in sodium, so go easy on them or choose less-sodium varieties. • Don’t be fooled: sea salt and rock salt are no better for health than traditional table salt, so monitor intake of all forms of salt. Department of Health data show heart disease was the num- just yesterday. My client had insisted on a certain action being taken by 2 p.m., announcing the deadline with a lot of yelling, demanding and desk pounding. Perhaps to prove a point, the opposing side complied by taking the action, but did so at 2:45 p.m. The timing would still work for my client, and it was in his best interest to still go forward. But ego, and face-saving were important to him. He was thus inclined to blow the deal “on principal,” despite the economic benefit to himself. That’s when I realized, however, that he happened to be in Idaho for the day, and was thus in the Mountain time zone, where it was an hour earlier. He accepted the performance in an email showing HIS time zone, and all were happy. The moral of the story of course is that, gambits or not, some legal strategies involve thinking outside the box to help clients, and doing so often involves the juggling of time and perceptions. It’s no wonder I like college basketball more than the pros. They still allow the use of the zone defense. © 2011 under analysis LLC. Charles Kramer is a principal of the St Louis Missouri law firm Riezman Berger, PC. Under analysis is a nationally syndicated column of the Levison group. Comments may be sent c/o this paper or direct via email to comments@levgroup.com v ber one cause of death among Tennessee men in 2009, the most recent year for which data are available. Diseases of the heart claimed the lives of more than 7,300 Tennessee men that year, and were the cause of a full quarter of all the deaths among Tennessee men in 2009. The Behavioral Risk Factor Surveillance System data show Tennessee’s at-risk male population for high blood pressure was reported at 31.8 percent in 2009. Salt intake is a modifiable risk factor for these conditions. Source: Tennessee Department of Health v Tired of Paying for Parking but need Downtown Office Space? 518 Georgia Avenue – 5400 square feet of beautiful office space Receptionist, Conference Room, 12 Private Offices, Large Open Work Spaces, High Ceilings, Close to courthouse and FREE PARKING Call Tracy Hopkins-Tindall 423-267-1900 tht@stonecrestproperties.com HCH Hamilton County Herald 96 years of Service (USPS 120 710) Published Weekly by Hamilton County Herald, Inc. Telephone 423-648-9841 Fax 423-648-9844 University Tower 651 East 4th Street, Suite 100 Chattanooga, TN 37403 Don Bona Publisher Jay Edwards Associate Publisher Bill Ellis General Manager & Executive Editor Karen Dunphy Production Manager David Laprad Erica Tuggle Assistant Editor Robin Hill Comptroller Melissa Miller Legal Notices Kay Bona Rebecca Brockman Staff Writer Bobby Burton General Sales Manager Member of: Tennessee Press Association National Newspaper Association American Court & Commercial Newspapers Subscription $ 15 per year By mail Single copy • 50 cents Postmaster send changes of address to: Hamilton County Herald University Tower 651 East 4th Street, Suite 100 Chattanooga, TN 37403 Second Class Mailing Privileges Authorized at Chattanooga, Tennessee Material published in the Hamilton County Herald is compiled at considerable expense and is for the sole and exclusive use of our subscribers. The contents of the Hamilton County Herald may not be republished, resold or reproduced in any manner, in whole or in part without the consent of the publisher. Any infringement may be subject to legal redress. The records contained in the Hamilton County Herald are taken from those filed in the public record and do not necessarily reflect the financial standing of the parties involved. Care is taken to publish suits, judgements, other documents exactly as they appear in the public record. However, the Hamilton County Herald assumes no liability for errors or omissions. Persons who rely solely on these contents do so at their own risk. Any explanation of these items, as well as correction of any erroneous information, will be published upon timely notification by proper correspondence. Hamilton County Herald The editors are responsible for the writing and display of the news, data and features in this newspaper. If you have a question or suggestions, you may call during normal business hours. General manager: Bill Ellis 423-648-9841 fax: 423-648-9844 gm@hamiltoncountyherald.com
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HCH March 25 2011 Legal - Chattanooga Bar Association

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