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Take It or Leave It

The Tennessee Court of Appeals recently found that a “take or leave it offer” extended by a lender to a borrower experiencing financial difficulty was not duress. SK Food Corp., et al. v. FirstBank, No....more

Post-Petition Transfers: Sixth Circuit Opines on 11 U.S.C. § 542 versus § 549

The United States Bankruptcy Appellate Panel of the Sixth Circuit recently clarified whether a trustee could rely upon 11 U.S.C. § 542, and in the process side-step 11 U.S.C. § 549, to recover an unauthorized post-petition...more

To Hell with Hadden: The Adoption of the Tooley Standard in Tennessee

The Tennessee Supreme Court recently adopted a new standard for determining whether a shareholder claim is direct or derivative. Specifically, in Keller v. Estate of Edward Stephen McRedmond, the Court “set aside the...more

A New Procedure for Appointing Commissioners to Partition Property in Tennessee

Generally, any person that has an ownership interest in property in which one or more other persons also have an interest may bring an action to divide the property or to sell the property and have the proceeds therefrom...more

A New Defense to Nuisance Injunction Actions in Tennessee

After July 1, 2016, under certain limited circumstances, real property owners in Tennessee may abate a nuisance on their property (of which they were unaware), and avoid the harsh effects of an injunction, without...more

Passing on Healthcare Liability Claims Against Passive Investors in Tennessee

Tennessee recently enacted a law that limits who may be named as a defendant in a healthcare liability action. For causes arising on or after April 24, 2015, a healthcare liability action may only be brought “against the...more

Bad Bullets Brings Sixth Circuit in Line with Siblings: The Commercial Activity Exception to the Foreign Sovereign Immunities Act

On March 7, 2016, the Sixth Circuit Court of Appeals joined its sibling circuits by affirming a ruling from the Southern District of Ohio, which found that the design and manufacture of a product is a commercial activity...more

Will the Tennessee General Assembly Continue to tell the Judiciary to Put Up or Shut Up?

On October 26, 2015, the Tennessee Supreme Court returned the state’s summary judgment standard to normalcy and also gave the Tennessee General Assembly a little more room to invade the judiciary. In Rye v. Women’s Care...more

Lawyers, Guns, and Parking Lots – A review of Tennessee’s Public Chapter 80

The Tennessee Legislature recently provided employees with a valid handgun carry permit a new private right of action against their employers. As of July 1, 2015, pursuant to Public Chapter 80, Tennessee employees – who...more

Pay to Play: §327(a) Professionals Pay their Own Defense Costs in Litigation Challenging Fee Applications

On June 15, 2015, the Supreme Court of the United States made clear that attorneys and other professionals hired under §327(a) of the Bankruptcy Code are not entitled to fees for their time spent litigating a §330(a)(1) fee...more

Back to the Future Interests: Tennessee’s Codification of a Common Law Property Principle

On March 19, 2015, Governor Bill Haslam signed into law HB 793/SB1226, which codifies Tennessee case law regarding transfers of future interests in defeasible fee estates such as a “fee simple subject to a condition...more

Burying the Gravamen Dispute: The Tennessee Supreme Court Clarifies How to Determine the Applicable Statute of Limitations

In most cases, the applicable statute of limitations is clear – one year for a personal injury claim (Tenn. Code Ann. § 28-3-104(1)), three years for a claim for injury to real or personal property (Tenn. Code Ann. §...more

2/24/2015  /  Statute of Limitations

New Statute of Repose for Legal Malpractice Actions in Tennessee

The Tennessee General Assembly, which recently ended its legislative session, implemented a new statute of repose for legal malpractice actions. Professional malpractice suits against licensed public accountants, certified...more

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