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 […]
A recent Tennessee Court of Appeals decision dealt with an interesting dog bite case question. In Moore v. Gaut, 2015 WL 9584389 (Tenn. Ct. App. 2015) the plaintiff was bitten by the defendant’s Great Dane dog while the dog was in the Defendant’s own fenced in back yard. The plaintiff was actually on the other […]
Tennessee has long had a doctrine of spoliation of evidence which allows the trial court to draw negative inferences or even provide dismissal against a party who destroys evidence. Historically, Tennessee courts have required the presence of actual intentional misconduct to invoke the doctrine of spoliation of evidence particularly when providing the remedy of a […]
The Tennessee Supreme Court recently handed down a very important medical malpractice decision in Adam Ellithorpe v. Janet Weismark, 2015 WL 5853873 (Tenn. 2015). In this new decision, the Tennessee Supreme Court considered whether its prior opinion of Estate of French v. Stratford House, 333 S.W.3d 546 (Tenn. 2011) was overruled by legislation found in […]
The Tennessee Court of Appeals recently discussed forum selection clauses found in contracts. These are clauses that select the jurisdiction and court that will handle any disputes involving the contract. The case of The Cohn Law Firm v. YP Southeast Advertising & Publishing, LLC, 2015 WL 3883242 (Tenn. Ct. App. 2015) involved a dispute between […]
One way to contest a will in Tennessee is to assert that the decedent had a “lack of testamentary capacity”. Basically, this is an assertion that the individual who executed the will was not actually competent to execute the will. Tennessee has many cases that discuss this claim in the context, most often, of a […]
The 2015 Tennessee legislature passed Public Chapter No. 388 that extends the typical one year statute of limitation for personal injury causes of action (as well as other cause of actions) in certain situations. This new law went into effect for all causes of action that accrue on or after July 1, 2015. This statute […]
In Tennessee, a party who is going to contest a will must have proper “standing” to actually contest the will. This basically means that the individual must have the authority under Tennessee Law to contest the will before they can do so. If they do not have proper standing, then the Court will simply dismiss […]
Over $250,000.00 Recovered in Sexual Harassment Case Against Tennessee RestaurantJune 18, 2024 - 6:07 pmOver $4,500,000.00 Recovered for Clients in Sexual Harassment Cases in 2023 by Attorney Jason LeeMay 24, 2024 - 2:47 pmOver $450,000.00 Recovered for Clients in Sexual Harassment Case Against Large Transportation Company.May 24, 2024 - 2:39 pmOver $2,500,000.00 Awarded or Settled in 2023 in First Half of the Year (through June 29, 2023).June 29, 2023 - 3:45 pmOver $250,000.00 Recovered in Sexual Harassment Case Against Tennessee RestaurantJune 18, 2024 - 6:07 pmOver $4,500,000.00 Recovered for Clients in Sexual Harassment Cases in 2023 by Attorney Jason LeeMay 24, 2024 - 2:47 pmOver $450,000.00 Recovered for Clients in Sexual Harassment Case Against Large Transportation Company.May 24, 2024 - 2:39 pmDavidson County Jury Awards $450,000.00 Against Metro Police Department for Sexual Harassment of Our ClientJune 29, 2023 - 3:39 pm