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Demanding that a person “take it or leave it” in negotiations does not impose economic duress

The Tennessee Court of Appeals, Middle Section: SK Food Corporation, et al. v. FirstBank, Case No. M2016-01019-COA-R3-CV, filed 02/28/2017, recently had the opportunity to consider whether a party, faced with a “take it or...more

Tennessee Business Court Requires Arbitration of Franchise Agreement Disputes Notwithstanding Provision for Application of...

The Tennessee Business Court, in For Senior Help, LLC v. Medex Patient Transport, LLC, Case No. 16-0553-BC, decided January 5, 2017, stayed litigation and compelled arbitration of the disputes arising under the parties’...more

What’s Mine is Mine, and What’s Yours is (Not) Mine . . .

The Tennessee Business Court, now in Phase II of the Pilot Project continues to deal with interesting and contemporary issues. In Universal Strategy Group v. Halstead, Case No. 16-15-BC, Chancellor Lyle held, after a bench...more

Joint Tenancy/Survivorship Property Now Severable by Unilateral Acts of Co-Owner

The Tennessee Supreme Court recently ruled that “a joint tenancy with an express right of survivorship can be severed by the unilateral actions of one of the co-tenants.” Darryl F. Bryant, Sr. v. Darryl F. Bryant, Jr., No....more

Tennessee Business Court Provides Further Guidance on Jurisdictional Challenges

In a lengthy, but detailed, opinion, The Tennessee Business Court, now in Phase II of the Pilot Project, has provided substantial guidance to practitioners concerning objections to the subject matter jurisdiction of the Court...more

Word Games Aside … an agreement to settle is an agreement to settle

The Tennessee Court of Appeals refused to let a litigant weasel out of a negotiated and binding agreement to settle disputed claims. Tim Grace v. Jeanna Grace d/b/a Grace Trucking, Case No. W2016-00650-COA-Re-CV (11/29/16)....more

Secured Creditor’s Obligations to Dispose of Collateral in Commercially Reasonable Manner Triggered Only Upon Possession

In a recent, well-written opinion, the Tennessee Court of Appeals, Middle Section, WM Capital Partners, LLC v. Thornton, No. M2015-00328-COA-R3-CV, filed January 17, 2017, determined that a secured creditor’s duty to dispose...more

Recent Child Pornography Conviction May Not Be Used to Impeach Injured Truck Driver

The Tennessee Court of Appeals, in Anderson v. Poltorak, No. M2015-02523-COA-R3-CV, filed December 29, 2016, has held that, although the plaintiff’s three (3) convictions for child pornography strictly qualified under Rule...more

The Business Court Tackles Jurisdiction and Forum Non Conveniens Issues

The Tennessee Business Court found occasion to deal with personal jurisdiction and forum non conveniens issues through its recent written opinion in Nissan North America, Inc. v. Tustin Import Auto Sales, LLC, et al, Case No....more

Tennessee Business Court Decides “who goes first” in Discovery in Trade Secrets Case

In a Tennessee Uniform Trade Secrets Act (“TUTSA”) case, the Tennessee Business Court set some discovery guidelines for business competitors in litigation over alleged misappropriation of trade secrets. Cryosurgery, Inc. v....more

Tennessee Business Court Accepts “Bad Faith Defense” to Dissolution of Dysfunctional LLCs

The Tennessee Business Court, a pilot project (1) (2) (3), has continued dealing with the resolution of business disputes, many of which involve fractious arguments between LLC members. Some disgruntled members pursue damages...more

The Tennessee Business Court Further Defines LLC Law

The Tennessee Business Court continued its prolific promulgation of rulings affecting the resolution of internecine disputes between LLC members. In Terrell K. Raley, et al. v. Cees Brinkman, et al., Case No. 16-0196-BC, the...more

The Tennessee Business Court Tackles Privilege Claims

The Tennessee Business Court has provided additional guidance to commercial litigators concerning internecine legal battles between members of limited liability companies. The Court has determined the fiduciary duties of...more

The Tennessee Business Court Clarifies Fiduciary Duties of LLC Members

In a recent opinion, decided 12/22/15, the Tennessee Business Court clarified the circumstances under which members of a Tennessee limited liability company owe fiduciary duties to one another. In Ewing v. Miller, Case No....more

Becoming a Creditor in a Bankruptcy Case Triggers a Duty to Preserve Documents

A litigator in bankruptcy court is challenged with mastery of a trial lawyer’s skills as well as the developing substantive law, jurisdictional and otherwise, governed by the Bankruptcy Code. Who hasn’t heard of Stern v....more

The Golf Channel Needs a Mulligan

“Mulligan,” in golf parlance, is the opportunity to hit a golf shot, a “do over,” when the previous shot was not quite the one desired by the golfer. The “Mulligan” replaces the previous shot, which then does not count toward...more

Do we lawyers really know it all? What about the “ focus group ?”

Trying a business case to a jury presents unique and sometimes difficult challenges. As commercial litigators, we’re trained to develop the facts (or the parties’ versions thereof), research the applicable law, and, most...more

Fee Shifting in Trade Secrets Cases

A number of states, including Tennessee, have adopted the Uniform Trade Secrets Act (“UTSA”). A court may award attorney’s fees, if: - A claim of misappropriation is made in bad faith; - A motion to terminate an...more

Competitor’s Privilege a Competitive Advantage? Only if there’s not improper means!

Tennessee recognizes the tort of interference with prospective business relations. But there’s an exception for competitors. One who intentionally causes a third person not to enter into a prospective contractual...more

Arbitration is not just for those who have agreed…

We all know that public policy, legislation and the courts favor enforcement of agreements to resolve disputes by arbitration rather than litigation. The Federal Arbitration Act, and the states’ laws providing for...more

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