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 […]
The Tennessee legislature in Public Chapter No. 114 clarified Tennessee law on who is considered the employer of franchisee employees. This was signed into law by Governor Bill Haslam on April 10, 2015 and took effect immediately. Specifically, employees of franchisees as well as franchisees themselves will not be “deemed to be an employee of […]
I am often asked to become involved in Tennessee probate estates as the attorney for the beneficiaries of the estate. Often this is done to make sure the estate is running appropriately and sometimes this is done because my clients simply do not trust the executor or administrator of the estate (both are good reasons […]
The recent Tennessee Court of Appeals decision of Keith Gillis v. Covenant Health, 2015 WL 3563034 (Tenn. Ct. App. 2015) discussed the four year statute of repose found in T.C.A. § 28-3-202 for construction defect claims. This statute of repose is a very good way to defeat many construction defect claims in Tennessee. This particular […]
Under Tennessee law a manufacturer of a product is not liable for injuries caused by the product unless it is found to be in a defective condition or unreasonably dangerous at the time it left the control of the manufacturer. As a result, it can often be very important to determine exactly when the alleged […]
The Tennessee Court of Appeals recently dealt with the question of the responsibility of an individual who becomes unconscious, while driving, causing an automobile accident. The Tennessee Court of Appeals in George Smith v. General Tire and Emily Alexander, No. M2012-01446-COA-R3-CV, 2013 WL 2395047 (Tenn. Ct. App. 2013) involved a case where a man was […]
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