A recent Court of Appeals decision involving a claim for breach of contract related to a flat fee promotion agreement illustrates how Tennessee courts are not permitted, except in limited situations involving non-compete agreements, to re-write contracts or to add terms to contracts. Here are the basic facts: Gregg wanted to pursue…
Tennessee Business Litigation Lawyers Blog
Judicial Expulsion of an LLC Member under Tennessee Law
Many Tennessee Limited Liability Companies (“LLCs”) are set up, for whatever reason, so that their operating agreements do not provide for the buying out or expulsion of a member, whether pursuant to a mandatory buy-sell clause or pursuant to a clause that sets forth conduct which is grounds for expulsion.…
Tennessee Non-Competition Agreements: The Argument that a Salesperson Has Become the “Face of the Company”
When a Tennessee company attempts to enforce a non-compete or non-solicitation agreement against a former employee or independent contractor who served in a sales or marketing capacity, it is almost certain that the company will allege that the former representative had become the “face of the company” to that company’s…
Significant New Case on Confidential Relationships in Tennessee Will Contest Cases
The Court of Appeals of Tennessee, in a recently decided will contest case, In re Estate of Ida Lucille Land, made what appears to be some new law on what circumstances can establish a confidential relationship between the person who made the Will and the person or persons alleged to…
Sales Commissions Cases in Tennessee
Sales representatives, whether they are employees or independent contractors, are too frequently faced with situations where the businesses which owe them commissions refuse to pay them or refuse to pay them the full amounts owed. While, unfortunately, sales representatives do sometimes get beaten out of commissions which they are rightfully…
Pepper Law Obtains Reversal by Sixth Circuit in Lancer Cargo Insurance Case
Our firm undertook representation of a local interstate trucking company, Dark Horse Express, LLC (“Dark Horse”) in a cargo insurance claim case in which Lancer Insurance Company (“Lancer”) issued the cargo insurance coverage which was at issue. At the district court level, Lancer argued that it was entitled to summary…
Novation as a Defense to a Breach of Contract Claim
Anecdotally, the defense of novation to a breach of contract claim under Tennessee law seems to do about as well as the multitude of other defenses which are often pled, but much less frequently successful. In a nutshell, a novation occurs when a prior contract between the same parties is…
Important New Case on the Rights of Home Owners in HOAs
In a case brought by two home owners against their home owners association (“HOA”), against the HOA directors, and against a bank that stacked the HOA board with directors which were its employees, the Court of Appeals of Tennessee recently issued an important and insightful opinion in the case of…
When May a Landlord Withhold Consent to Assign a Commercial Lease under Tennessee Law?
It is pretty typical for commercial leases in Tennessee, and in other states, to allow a tenant (otherwise known as a “lessee”) to assign its rights and obligations under a commercial lease. It is also pretty typical that such provisions provide that the landlord (otherwise known as the “lessor”) cannot…
In Tennessee, Revoked Wills Can Be Revived
Just because someone expressly revokes a prior will when they make a new will does not mean that the revoked will can never be effective again. Given, it is rare that a revoked will is revived in Tennessee probate litigation, but it has happened. In a recently decided probate lawsuit,…