A review of Tennessee case law, published and unpublished, demonstrates that the affirmative defense of accord and satisfaction is asserted far more often than it is successful. Nevertheless, it can be effective. Whether an accord and satisfaction defense is successful is dependent on the unique facts of each case, and,…
When you are faced with a lawsuit or have filed a lawsuit, do yourself a big favor, hire a Tennessee lawyer with trial experience (aka a “Tennessee trial lawyer”) at the outset of your legal matter. Having practiced trial law and handled litigation and arbitration matters for nearly 25 years,…
Besides the statutes of limitations which have been enacted as laws by the Tennessee legislature, there is a second type of statutes of limitations. Many insurance policies contain terms which require an insured or policy owner to file a lawsuit within a certain amount of time. Anyone with a breach…
For any contract in Tennessee to be valid, it must be supported by mutual consideration. What does mutual consideration mean? Very generally speaking, it means that both parties to the contract must have agreed to pay something, give something, do something, refrain from doing something, or assumed some obligation. The…
If you are bringing or defending an undue influence case in Tennessee, including a will contest based on undue influence, the presence of a power of attorney may be a game changer for your case. Why would a power of attorney matter so much in such a case? Because a…
If you are a minority member of a Tennessee limited liability company (“LLC”) or a minority shareholder of a Tennessee corporation, you may, at some time, need to review financial information of the LLC or the corporation. What financial records are you allowed to obtain? On what grounds can the…
The Supreme Court of Tennessee recently clarified how to determine whether the three year statute of limitations for injuries to property or the six year statute of limitations for breach of contract applies to a case. Which statute applies can be outcome determinative, so, understanding the Court’s holding in the…
A recent breach of contract case decided by the Court of Appeals of Tennessee drives home two lessons. One lesson is for sales representatives who earn their living by commissions: The other is for Tennessee lawyers who handle breach of contract cases. The lesson for sales representatives is that, if…
In many, if not most, of the cases in which I am involved, I end up explaining to clients what a summary judgment motion is and how a summary judgment might affect their case. The concept of a summary judgment is a pretty simple thing. If a summary judgment is…
In Tennessee, certain kinds of contracts are not enforceable unless (1) they are in writing and (2) they are signed by the party against whom enforcement is sought (the defendant, typically). Why? Because the Tennessee Statute of Frauds says so. (Keep in mind that most contracts in Tennessee are enforceable…