For salesmen and manufacturers representatives who are owed commissions, a recent decision of the Court of Appeals for the Sixth Circuit in a breach of contract case for commissions owed is not encouraging. The analysis and application of Tennessee breach of contract law to the facts of the case by…
In Tennessee, quite a few corporations and LLCs are owned equally by two parties. Frequently, the relationship between the owners sours, or worse. At some point, a “business divorce” may become necessary. If you want to keep the business, but need your co-owner out of the business, how do you…
Many Tennessee businesses have commercial general liability policies, and many other types of policies and endorsements, which contain exclusions for any loss resulting from dishonest or criminal acts. These exclusions will most likely apply to employees, partners and directors of the business. Sometimes, in insurance policy litigation, there is no…
In a recent shareholder dispute case, Athlon Sports Communications, Inc. v. Duggan, the Court of Appeals of Tennessee affirmed a decision from the Chancery Court of Davidson County, Tennessee valuing the stock of minority, dissenting shareholders at an amount substantially below the value sought by the minority shareholders. The case…
For shareholders of Tennessee corporations and members of Tennessee LLCs, the statutes of limitation which apply to breach of fiduciary duty claims are short — very short. The statute of limitation for breach of fiduciary duty lawsuits related to corporations and the statute of limitation for breach of fiduciary duty…
Assuming that one party proves that the other party has breached a valid and enforceable contract, what amount of money can the non-breaching party recover from the breaching party? When explaining how a Tennessee court will approach the question of what amount of money to award someone for a breach…
Last week’s blog dealt with the role of the Statute of Frauds in Tennessee real estate litigation. The statute of frauds requires that contracts for the sale of real estate be memorialized by a writing or by a combination of writings which the court determines sufficiently describe the property conveyed. Here are some cases,…
In Tennessee, most contracts are just as legally effective and valid if they are verbal as opposed to written. However, many real estate contracts and agreements, under Tennessee law, may be held invalid if not memorialized by a written document or documents which the court determines sufficiently set forth the…
In a recent construction law case decided by the Court of Appeals of Tennessee, Beacon4, LLC v. I & L Investments, LLC, the project Owner was ordered to pay, not only the withheld retainage owed to the Contractor, but also, the Contractor’s attorney’s fees, as well as pre-judgment interest. The…
Can you recover punitive damages in Tennessee for breach of contract? It is difficult, but not impossible. Moreover, there is little published case law on the subject, and, as discussed below, there is one major question about punitive damages in breach of contract cases which has yet to be fully…