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Address: 5400 Poplar Ave Ste 330 Memphis TN 38119
Email :lsidebotham@mckuhn.com
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Areas of Practice
Areas of Practice
Family Law
The attorneys of McDonald Kuhn, PLLC
provide representation in all types of family law matters including
divorce, legal separation, child custody and support, paternity,
grandparent visitation, dependency and neglect, post-divorce matters
and contempt.
Divorce
is something more than
the dissolution of a marriage between two married persons. When one
party seeks a divorce from the other, issues such as fault, property
division, and alimony all play a role in the case. In both Tennessee
and Mississippi, parties are able to enter into a divorce on the
ground of irreconcilable differences – also commonly referred to as
an “uncontested” divorce – if certain criteria are met, such as
both parties voluntarily executing proper settlement documents.
Although a divorce on the ground of irreconcilable differences is
sometimes preferable to one or both parties in a divorce action, the
parties are not always successful proceeding with an uncontested
divorce. Often times the parties are unable to fully agree upon all
terms of the dissolution of the marriage, which thereby makes the
divorce contested. A contested divorce usually takes the form of a
traditional lawsuit that requires resolution by the court.
Legal separation
is a unique status that does not
dissolve the marriage between two married persons but rather permits
the married persons to live separate and apart. The order granting a
legal separation may provide for a disposition of marital property
and it may also order one spouse to support the other by and through
alimony. Likewise, the order may provide for the custody and
maintenance of any children of the marriage. Although the parties
may obtain an order for legal separation, either or both may seek a
divorce from the other at any time, thereby creating a somewhat
complex situation that requires careful steps to ensure all issues
are properly resolved.
Child custody
is relevant in many types of family law
cases, such as divorce, legal separation, independent custody actions
related to children born out of wedlock, dependency and neglect
proceedings, modification proceedings, and paternity. When the court
is presented with a child custody matter, it will always address the
best interests of the minor children that are the subjects of the lawsuit. These types of proceedings are handled by many different
courts depending on the status of the parties, the status of the
children, and the various jurisdiction laws.
Child support
is also relevant in many types of family law cases. Depending on the specific circumstances of each case, child support may be pursued as an independent action or may be addressed by a pending divorce, legal separation action, custody action, paternity action, dependency and neglect action, and/or modification action. Different factors impact the amount of child support and which parent owes child support, if either. Further, child support in Tennessee differs drastically from child support in Mississippi.
Paternity
actions relate to a legal determination of the biological father of a child. These types of actions most often occur when a child has been born out of wedlock. Additionally, paternity actions can be commenced by the state if related to child support issues. A party can ask the court to determine paternity and/or disestablish paternity.
Grandparent visitation
relate to the neglect and/or harm endured by a child at the hands of the parent(s). Anyone having an interest in a child can file a dependency and neglect against the parent(s) of that child. These types of proceedings are heard exclusively by Juvenile Court. When a dependency and neglect action is filed against a parent, a very real possibility exists that the court may remove the child from that parent's custody and place the child with a suitable caregiver until such time as the parent is able to remedy the issue that led to the removal of the child.
Dependency and neglect proceedings
relate to the neglect and/or harm endured by a child at the hands of the parent(s). Anyone having an interest in a child can file a dependency and neglect against the parent(s) of that child. These types of proceedings are heard exclusively by Juvenile Court. When a dependency and neglect action is filed against a parent, a very real possibility exists that the court may remove the child from that parent's custody and place the child with a suitable caregiver until such time as the parent is able to remedy the issue that led to the removal of the child.
Post-divorce
modification matters relate to the modification of a prior final order of the Court. A party wanting to modify certain terms related to custody, parenting time, child support, alimony, and other issues may file a post-divorce modification action against the other party. However, just because one party wants to modify the terms of the court's order does not mean the court can or will modify those terms. The party in favor of the modification bears the burden of proving to the court that legal reasons exist that warrant a modification. The standards for modification of custody, child support, alimony, and/or parenting time are all different, thereby requiring the party in favor of modifying the order to understand which legal rationale is applicable to achieve a modification.
Subrogation and Trucking
Subrogation
McDonald Kuhn, PLLC handles subrogation claims arising from commercial property losses, homeowners' residential property losses, workers compensation, cargo losses, and automobile losses. McDonald Kuhn, PLLC's attorneys are experienced in all phases of pursuing a subrogation claim including, but not limited to, investigating the cause of a loss, identifying and working with expert witnesses, pre-suit resolution of claims, and litigation of claims through trial. When representing its subrogation clients, McDonald Kuhn PLLC's overriding goal is to obtain the best recovery possible in a timely and efficient manner.
McDonald Kuhn, PLLC handles subrogation claims arising from commercial property losses, homeowners' residential property losses, workers compensation, cargo losses, and automobile losses. McDonald Kuhn, PLLC's attorneys are experienced in all phases of pursuing a subrogation claim including, but not limited to, investigating the cause of a loss, identifying and working with expert witnesses, pre-suit resolution of claims, and litigation of claims through trial. When representing its subrogation clients, McDonald Kuhn PLLC's overriding goal is to obtain the best recovery possible in a timely and efficient manner.
Trucking
The trucking industry is the backbone of America that provides for the movement of goods across the nation. In the course of carrying on this important business service, motor vehicle collisions occur, often giving rise to claims of personal injury and property damage. McDonald Kuhn, PLLC has defended various trucking companies, from large national interstate carriers to regional “mom and pop” entities, and their commercial truck drivers against all manner of claims including, but not limited to, traumatic bodily injury, wrongful death, cargo loss, and large property damage claims. In doing so, McDonald Kuhn PLLC's attorneys advise and assist with Department of Transportation investigations and inspections, work with accident reconstructionists, and respond to the scene of major accidents throughout the Mid-South, including Tennessee, Arkansas, and Mississippi. By engaging in all phases of defending claims brought against trucking industry companies, McDonald Kuhn, PLLC zealously and vigorously defends its client's interests when sued for damages arising from a trucking accident.
The trucking industry is the backbone of America that provides for the movement of goods across the nation. In the course of carrying on this important business service, motor vehicle collisions occur, often giving rise to claims of personal injury and property damage. McDonald Kuhn, PLLC has defended various trucking companies, from large national interstate carriers to regional “mom and pop” entities, and their commercial truck drivers against all manner of claims including, but not limited to, traumatic bodily injury, wrongful death, cargo loss, and large property damage claims. In doing so, McDonald Kuhn PLLC's attorneys advise and assist with Department of Transportation investigations and inspections, work with accident reconstructionists, and respond to the scene of major accidents throughout the Mid-South, including Tennessee, Arkansas, and Mississippi. By engaging in all phases of defending claims brought against trucking industry companies, McDonald Kuhn, PLLC zealously and vigorously defends its client's interests when sued for damages arising from a trucking accident.
WC.Employment.Premises.Products
Workers Compensation
McDonald Kuhn, PLLC, provides counsel and representation to employers and their insurers in all aspects workers compensation defense in Tennessee, Mississippi and Arkansas. We help mitigate claim costs through active case management from first report of injury through claim resolution. We are experienced in handling even the most complex exposure claims as well as cases involving contested compensability. Our firm's attorneys also help employers and carriers assume a proactive stance against workers compensation claims and litigation through risk management advice and consulting.
McDonald Kuhn, PLLC, provides counsel and representation to employers and their insurers in all aspects workers compensation defense in Tennessee, Mississippi and Arkansas. We help mitigate claim costs through active case management from first report of injury through claim resolution. We are experienced in handling even the most complex exposure claims as well as cases involving contested compensability. Our firm's attorneys also help employers and carriers assume a proactive stance against workers compensation claims and litigation through risk management advice and consulting.
Premises Liability
McDonald Kuhn, PLLC is dedicated to the defense of all aspects of premises liability claims including slip, trip and fall accidents; defective floors and spills; inadequate maintenance or repair; duties to inspect; negligent or inadequate security; failure to warn of potential hazards and trespasser claims.
McDonald Kuhn, PLLC is dedicated to the defense of all aspects of premises liability claims including slip, trip and fall accidents; defective floors and spills; inadequate maintenance or repair; duties to inspect; negligent or inadequate security; failure to warn of potential hazards and trespasser claims.
Labor & Employment
We represent employers in both state and federal court, as well as the EEOC, involving claims of employment discrimination, harassment, retaliation, failure to accommodate, leave of absence, wage and hour (including misclassification, meal and rest period, recordkeeping and related claims), wrongful termination, breach of contract, trade secret, unfair competition, tort, and claims for unemployment benefits. We also advise employers regarding legal compliance, discipline and discharge, workplace safety and other human resource-related issues.
We represent employers in both state and federal court, as well as the EEOC, involving claims of employment discrimination, harassment, retaliation, failure to accommodate, leave of absence, wage and hour (including misclassification, meal and rest period, recordkeeping and related claims), wrongful termination, breach of contract, trade secret, unfair competition, tort, and claims for unemployment benefits. We also advise employers regarding legal compliance, discipline and discharge, workplace safety and other human resource-related issues.
Products Liability
Our firm defends manufacturers, distributors, and sellers of a wide variety of products. We also counsel clients regarding product liability prevention measures and product recalls. Our practice encompasses litigation throughout Tennessee, Arkansas, and Mississippi.
Our firm defends manufacturers, distributors, and sellers of a wide variety of products. We also counsel clients regarding product liability prevention measures and product recalls. Our practice encompasses litigation throughout Tennessee, Arkansas, and Mississippi.