A recent case involving a non-competition agreement signed by a brick salesman proves the conclusion that, in many Tennessee non-competition agreement cases, the determination of whether or not a former employee should be bound by his or her non-compete agreement turns on very subjective considerations. In point of fact, in…
Clients in breach of contract cases, as well as other cases involving business disputes, are often new to the litigation process and have questions about it. Common questions I receive at the outset of a case from clients are: How long will the case take? What happens after the complaint…
To recover in a breach of contract case in Tennessee, a party must prove that there was an enforceable contract. In Tennessee, an agreement must meet several requirements before it can be considered a legal contract. For example, there must have been a “meeting of the minds” between the parties…
Frequently in Tennessee, LLC members have to part ways. When that happens, it also may happen that one of the members will file a court action to have the limited liability company dissolved. Assuming that the LLC has assets, an issue that a Tennessee court is likely to have to…
A jury in Bradley County, Tennessee handed down substantial punitive damages award and compensatory damages award against Erie Insurance Exchange (“Erie”) in a case involving its failure to pay a claim for losses arising from vandalism and theft at apartment units which it insured. The case is a must read…
Collecting a judgment or debt owed from either a husband or wife, but not owed by them jointly, can be difficult, if not impossible. Why so? Jointly owned property, in many circumstances, is not subject to a creditor’s claim against just one of the spouses. Some spouses try to avoid…
If you do business in Nashville, or anywhere else in Tennessee, you might be wise to know something about the warranty provisions of the Uniform Commercial Code (“UCC”). Those warranty provisions are contained in Chapter Two of the UCC, which deals with sales. When do the warranty provisions of the…
In what should have been an easy win in a breach of contract case, a Tennessee bank went home with a goose egg after the Court of Appeals applied a fundamental rule of Tennessee contract law to the facts of the bank’s case. The case, which was filed in Coffee…
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…