In Tennessee, family members and non-family members alike often provide care, perform services or pay for expenses for someone who passes away without compensating the person who provided the care or services or who paid expenses on their behalf. Can a family member or non-family member recover for care, services…
In many, if not just about every, breach of contract case filed in Tennessee, the plaintiff will include a quantum meruit claim with his, her or its breach of contract cause of action. Why is that done? What is a quantum meruit claim? Quantum meruit is a legal cause of…
Many breach of contract cases in Tennessee involve written contracts which contain what I refer to as “no oral modification clauses.” Although the language of these types of clauses differs, they usually say something like this: “This Agreement may not be amended, modified, changed or extended except by a written…
Any joint owner of real estate has the right to file a lawsuit to have the property sold and to have the proceeds distributed or to have the property divided (if that is even possible which, in my experience, most of the time it is not). So, who pays the…
A recent ruling from the Davidson County, Tennessee Business Court in a breach of fiduciary duty case has expanded the scope of fiduciary duties owed by LLC members to other LLC members. Under Tennessee law, it is, and has been for many years, well-established that shareholders in corporations and partners…
Step One: Determining Which Statute of Limitations Applies The Six Year Statute of Limitations Applies Most of the Time Most breach of contract cases in Tennessee will be subject to the six (6) year statute of limitations codified at T.C.A. §28-3-109. There is one (1) other possible statute of limitations…
In Tennessee eminent domain cases, also referred to as condemnation cases, it occurs sometimes that the governmental authority seeks to take property which is currently used and zoned as residential, but which has the potential for commercial development. It is also frequently the case that the property has a substantially…
Two fairly recent Tennessee undue influence cases prove a point: To win an undue influence case, the plaintiff (or contestant if it is a will contest) must prove more than mere unfairness or favoritism. Both cases involved alleged undue influence with respect to deeds for land. In the first…
Under Tennessee law, which follows the “American Rule,” a winning party cannot recover its attorney’s fees from the losing party. There are a couple of exceptions to that Rule. One of those exceptions is that a party can recover its attorney’s fees if there is a contractual provision whereby the…
In any Tennessee will contest case, there may be a number of relatives of the deceased who will benefit from the will contest case if the Will at issue is set aside. There might also be non-relative beneficiaries of a previous Will who will benefit if the Will is set…