William O'Bryan Jr. on Appeals

Litigating with the Lawyerless ... It’s Still Happening

Previously, I have written about appellate decisions considering the issues presented by pro se litigants and their non-compliance with applicable trial and appellate court rules. (See July 9, 2018 blog and September 18, 2018...more

5/12/2020 / Appeals , Appellate Rules , Litigation Strategies , Noncompliance , Pro Se Litigants , Rules of Appellate Procedure

Personal Jurisdiction Lessons Learned . . . Forgotten . . . and Remembered

As lawyers, we learn early on about the necessity that a court must have personal jurisdiction over a defendant in order to enter a valid, enforceable judgment. Recently, the Tennessee Court of Appeals, in Corporate Flight...more

9/25/2019 / Appeals , Dismissals , Due Process , Fourteenth Amendment , Jury Trial , Lack of Jurisdiction , Long Arm Statute , Motion to Dismiss , Personal Jurisdiction , Question of Law

What’s Good for the Goose May Not Be for the Gander.

Tennessee Rule of Appellate Procedure 13(a) provides that “any question of law may be brought up for review and relief by any party.” Well, not always. In Melo Enterprises, LLC, et al. v. D1 Sports Holdings, LLC, Case No....more

4/24/2019 / Appeals , Arbitration , Arbitration Agreements , Conversion , Declaratory Relief , Fraudulent Inducement , Interlocutory Appeals , Limited Partnerships , Motion to Compel , Rules of Appellate Procedure

Litigating with the Lawyerless (Redux) and in the Right (Local) Court

The Tennessee Court of Appeals, in Little Hurricane Properties, LLC v. Ralph Cafaro, Jr., et al., Case No. E2017-01781-COA-R3-CV, outlined, again on August 22, 2018, the risks assumed by a DIY litigant. The court found the...more

9/19/2018 / Action to Quiet Title , Appeals , Remand , Reversal , Subject Matter Jurisdiction , Vacated , Venue

There’s no legal duty in Tennessee to facilitate service of process or even give contemporaneous notice of defective service...

Old dogs can learn new tricks and maturing lawyers can learn something new in the law. In Koczera v. Steele, Case No. E2017-02056-COA-R3-CV, on August 20, 2018, the Tennessee Court of Appeals held that litigants...more

9/12/2018 / Appeals , Duty of Care , Negligent Misrepresentation , Notice Requirements , Service of Process , Special Relationship

Yes, Virginia … You Can Pierce Your Own Corporation’s Veil

Question: Can a 50% shareholder pierce her own corporation’s veil to impose liability upon the only other shareholder for an unsatisfied judgment in her favor against their corporation? Answer: Yes. The Tennessee Court...more

8/8/2018 / Alter Ego , Appeals , Corporate Liability , Corporate Veil , Personal Liability , Piercing the Corporate Veil , Shareholders

How do you litigate with the “lawyerless?”

We’ve all been there – representing a client against someone who has never heard, or doesn’t believe, that “A lawyer that represents himself, has a fool for a client.” Either because of lack of resources, knowledge, interest,...more

7/10/2018 / Appeals , Litigation Strategies , Pro Se Litigants , Self-Representation , Young Lawyers

Sports Torts and Courts

Who has not been injured in a recreational, athletic activity? Who has not accidentally injured someone else in the course of play? We all have … an errant softball throw, a shanked iron, a bouncing horseshoe. We enjoy the...more

5/3/2018 / Appeals , Athletes , Bodily Injury , Civil Liability , Negligence , Sports , Summary Judgment , Wrongful Death

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

3/3/2017 / Appeals , Child Pornography , Impeachment , Inadmissible Evidence , Jury Awards , Jury Verdicts , Prior Conviction , Unfair Prejudice

William O'Bryan Jr.

Butler Snow LLP

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