The Supreme Court of Tennessee has issued an opinion clarifying which statutes of limitations are applicable to cases involving the breach of a contract to make mutual wills. If you are involved in a mutual will case, and are worried that your case might be barred by the statute of…
The Supreme Court of Tennessee has recently issued an opinion in an undue influence and will contest case which speaks to what type of evidence a party can use, at trial, to attempt to set aside a will based on undue influence. In will contest cases, undue influence cases, breach…
For salespeople, brokers, and agents who derive a substantial part, if not all, of their income from commissions, knowing something about Tennessee law on the subject of future commissions is worthwhile. By future commissions, I am referring, broadly, to commissions that become due after an account is established, but while…
What are the differences between litigating a breach of contract case, personal injury case, or any other type of case in a Tennessee federal district court as opposed to a Tennessee state trial court? Which court is better for your case? When can your case be filed in federal court…
In a breach of contract case recently decided by the Supreme Court of Tennessee, Dick Broadcasting v. Oak Ridge FM, Inc., the Court held that the implied duty of good faith and fair dealing applied to a contract provision which allowed a party to assign it rights under the contract…
Homeowners’ insurance policies abound in Tennessee (and in other states), and are frequently the source of insurance litigation. Such insurance policies provide liability coverage to homeowners for bodily injuries and a source of monetary recovery for injured persons, provided that the policy in question (1) covers the bodily injury, and…
Often in Tennessee, a husband and wife will sign a will in which both leave their property to the surviving spouse. Sometimes, particularly it seems, when the husband and/or wife have children from a previous marriage, will contest cases are brought to determine whether the surviving spouse is bound by…
The Court of Appeals of Tennessee, in the case of Rocky Top Realty, Inc. v. Young, issued an opinion that is a good reminder that, under Tennessee law, you don’t necessarily have to prove a breach of a contract to recover money you are owed for services (or goods). The…
The Supreme Court of Tennessee, in a recent case, reversed a decision of the Court of Appeals of Tennessee in which the appeals court had relaxed one of the requirements for a valid will and had upheld the validity of a will which did not strictly comply with a rule…
In a case involving a breach of a construction contract for a development in Gallatin, Tennessee, a contractor was allowed to recover money for work done, which work substantially exceeded the monetary limit of the contractor’s license. This decision is very significant, and favorable for Tennessee contractors and subcontractors. The…