I receive calls frequently from companies and individuals who have obtained a judgment from a court in a state other than Tennessee against someone who lives in Tennessee or someone or some business which owns property in Tennessee or has operations in Tennessee. If you are one of those companies…
Daniel Kahneman’s bestseller, Thinking Fast and Slow, is not only a fascinating read, but also, it contains insights that can be an immense help to clients in making decisions about their cases, choosing lawyers, negotiating settlements, and evaluating the advice of their lawyers. Here is what clients (and trial lawyers)…
In breach of contract cases involving construction contracts, the Tennessee Trust Fund Statute, T.C.A. §66-11-138, may provide a subcontractor with a way to recover the attorneys’ fees and expenses incurred in collecting amounts owed to it, but not paid. To recover attorneys’ fees and expenses using that Statute, it is…
There are, generally speaking, two types of long term disability insurance policies. There are “private” policies which are not obtained through employment. There are also long term disability policies which are obtained as the result of employment. If you have a long term disability policy through your employer’s group long…
In a recent eminent domain case, the Court of Appeals of Tennessee upheld a jury verdict for incidental damages caused to one tract of a dairy farm by the condemnation of part of another, but separate, tract of the dairy farm. The case is important for condemnation lawyers in Tennessee…
In Tennessee breach of contract cases and fraud and misrepresentation cases, it is quite possible for the parol evidence rule to come into play. (The basics of the parol evidence rule are explained in a previous blog.) It is also quite possible, in such cases, for the parol evidence rule…
Many Tennessee breach of contract cases involve written contracts which contain clauses which provide that no modifications or amendments to the contract are valid unless they are in writing and signed by both parties. How effective are such clauses? Can a party successfully prove that a contract was verbally changed…
Forum selection clauses are prevalent in contracts entered into by Tennessee companies and residents. Often, the purpose of a forum selection clause in a contract is to force another party to litigate in a particular court in a particular state. For example, companies which are based somewhere other than Tennessee,…
In a recent decision involving a partnership lawsuit, the Court of Appeals of Tennessee reversed a trial court’s decision to dismiss a partner’s fraud and promissory fraud claims against the other partner and a third party. Here are the key facts of the case: Plaintiff and Defendant were 50% partners…
If you file a breach of contract case in Tennessee and demand a jury, what are the chances that the jury will actually decide if there was a contract, and/or if it was breached? In my experience, in many Tennessee breach of contract cases, those issues are decided before they…