A really interesting question was addressed by the Tennessee Court of Appeals recently on whether an executor who submitted a Will for probate and was appointed as executor can subsequently contest the terms of the Will. The Tennessee Court of Appeals in the case of In Re: Estate of Ellra Donald Bostic, No. E2016-00553-COA-R3-CV, 2016 […]
The Tennessee Court of Appeals recently decided a case (F&M Marketing Services, Inc. v. Christenberry Trucking and Farm, Inc., E2016-00205-COA-R3-CV, 2017 WL 417223_(Tenn. Ct. App. 2017)) involving a request to pierce the corporate veil of a Defendant after the Plaintiff got a substantial judgment against that Defendant for breach of contract. The total judgment in […]
The Tennessee Court of Appeals recently dealt with an issue that has not been previously discussed by Tennessee Appellate courts in Melanie Jones, Individually and on behalf of Matthew H. V. Shavonna Rachelle Windham, et al., No. W2015-00973-COA-R10-CV, 2016 WL 943722 (Tenn. Ct. App. 2016). The question deal with the situation where an employer and […]
A surviving spouse has the ability to obtain an elective share (see prior post describing the details of an elective share under Tennessee law) of a decedent’s property by filing a notice with the court. The surviving spouse is required to file a petition for an elective share within nine months after the date of […]
Sometimes an individual who has a life insurance policy dies at the same time as a beneficiary. Obviously, this does not happen very often, but it does happen on occasion. Most often, when this occurs, it is simply just impossible to determine who actually died first. In Tennessee, we have a statute that addresses this […]
Tennessee law is clear that any person, firm or corporation who misrepresents that they are a licensed contractor is subject to significant penalties. It is also against Tennessee law to act in the capacity of a “contractor” in Tennessee when one is not properly licensed. Specifically, T.C.A. § 62-6-136 discusses this issue in subsection (A) […]
A very important Tennessee Court of Appeals opinion was issued on June 2, 2016. In this case, Jean Dedmon v. Debbie Steelman, No. W2015-01462-COA-R9-CV (Tenn. Ct. App. June 2, 2016), the Court discussed whether the amount an insurance company actually pays for medical services in a personal injury action, is, as a matter of law, […]
Sometimes, two individuals who own a bank account as joint tenants with right of survivorship or tenants by the entirety, die at the same time. In this situation, the question is, what happens to the money in those accounts? Normally, joint tenant accounts with Right of Survivorship immediately pass to the surviving individual on the […]
A recent Tennessee Court of Appeals decision, Hilda Willis v. McDonalds Restaurants of Tennessee, Inc., No. E2015-00615-COA-R3-CV, 2015 WL 9426271 (Tenn. Ct. App. 2015), involved a slip and fall at a McDonald’s in Tennessee and it provided an interesting issue. In this case the plaintiff was maneuvering around the area where drinks were served at […]
One of the most common ways that Tennessee Wills are contested is based on the theory of “undue influence”. This is a broad category where a will can be contested based on the theory that the person benefitting from the Will exhibited influence over the decedent in an inappropriate manner. One example would be where […]
Over $2,500,000.00 Awarded or Settled in 2023 in First Half of the Year (through June 29, 2023).June 29, 2023 - 3:45 pmDavidson County Jury Awards $450,000.00 Against Metro Police Department for Sexual Harassment of Our ClientJune 29, 2023 - 3:39 pmThree Sexual Harassment Cases Resolved for Over $300,000.00 Each in the Last 2 months – Seven Cases totaling over $1,700,000.00August 16, 2022 - 7:55 pmAnother Significant Settlement Reached After Years of Litigation in Sexual Harassment CaseJune 29, 2022 - 4:48 pmDavidson County Jury Awards $450,000.00 Against Metro Police Department for Sexual Harassment of Our ClientJune 29, 2023 - 3:39 pmThree Sexual Harassment Cases Resolved for Over $300,000.00 Each in the Last 2 months – Seven Cases totaling over $1,700,000.00August 16, 2022 - 7:55 pmAnother Significant Settlement Reached After Years of Litigation in Sexual Harassment CaseJune 29, 2022 - 4:48 pm$4.72 million verdict in Tennessee sexual harassment jury trial in Knox CountyMarch 2, 2022 - 12:38 am