Last month, I was in the hallway of the Wilson County Courthouse when I was told that the jury had reached a verdict in the will contest case which I and Jeremy Oliver, another lawyer in our firm, had been trying for four days. During the trial, the jury…
The Tennessee Prompt Pay Act allows a contractor or subcontractor who has not been paid to recover, in addition to the amount owed under its contract, an award of attorneys’ fees (and interest). The recovery of attorneys’ fees is not automatic, but depends on convincing the judge or jury that…
In a recent case, the Court of Appeals of Tennessee was asked by a terminated employee (“Employee”) to rule that an agreement to arbitrate in his employment contract (Employment Agreement”) was not enforceable because arbitration would be too expensive. The court disagreed with the Employee, and affirmed the order of…
In the recent case of Ram Tool & Supply Company, Inc. v. HD Supply, the Court of Appeals of Tennessee adopted a rule which sets forth the circumstances under which a common law breach of fiduciary duty claim will be preempted by the Tennessee Uniform Trade Secrets Act (“TUTSA”). Before…
In Tennessee, contracts may be modified after they are made and after the parties have begun performing. In fact, it happens all of the time. Tennessee law allows the modification of contracts, and a modified contract is as effective as the original contract. Many Tennessee breach of contract cases result…
Members of Tennessee Limited Liability Companies (“LLCs”) have the right to file lawsuits to recover losses resulting from breaches of fiduciary duty committed by other LLC members or committed by officers or managers of the LLC. In Tennessee, if the breach of fiduciary duty caused a loss to the LLC,…
What if the person who made a will misunderstood facts that existed at the time the will was made? What if the person had been lied to at the time he or she made the will? In Tennessee, a will may be set aside for mistake or for fraud. There…
Regardless of what unfounded promises and misrepresentations are made by insurance companies and their agents about the scope or type of coverage purchased, an insured may well be able to use the principles of waiver or estoppel to hold an insurance company to its promises. This may be the case…
What are we talking about when we talk about parol evidence in breach of contract cases? Assume A and B have a written contract. A sues B for not fulfilling its obligations. The case of A v. B goes to trial. Any evidence at trial about the negotiations, discussions or…
Most business people I know are too busy to read their insurance policies. So, they rely on their insurance agents to make sure that they buy the kind of insurance coverage which they need. Insurance agents and insurance companies are quite capable of miscommunicating and making mistakes. So, sometimes, insureds…