Entries by Jason A. Lee, Esq.

Tennessee Legislature Clarifies that Franchisee Employees Are Not To Be Deemed Employees of the Franchisor

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 […]

Does Four Year Statute of Repose in T.C.A. § 28-3-202 Bar Tennessee Construction Defect Claims When Project is Not Complete?

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 […]

When is a Manufacturer of a Product Liable for an Injury Caused by the Product in Tennessee?

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 […]

If an Individual Passes Out While Driving a Vehicle in Tennessee, are they Responsible if they Cause an Accident?

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 […]

Medical Malpractice – Ex-Parte Communications Between Medical Practice Defense Counsel and Non-Party Physicians Employed by Practice

The Tennessee Court of Appeals recently decided an important issue that comes up often in medical malpractice (health care liability) cause of actions in Tennessee.  The case of Cheryl Hall v. James H. Crenshaw, M.D. et al, No. W2013-00662-COA-R9-CV, 2014 WL 3555987 (Tenn. Ct. App. 2014) dealt with a situation where the plaintiff sued the […]

How Should you Respond to a Request to Waive Bond, Inventory and Accounting in a Tennessee Estate?

Sometimes when a Tennessee probate estate is opened up, the attorney handling the estate will provide a request to the beneficiaries to waive bond, inventory and accounting [“Bond” is basically an insurance bond to protect the assets of the estate if there is a failure by the executor.  “Inventory and Accounting” are required reports to […]

Tennessee Passes “Employee Online Privacy Act of 2014” Preventing Employers from Obtaining Access to Personal Internet Accounts Like Facebook

The Tennessee Legislature recently passed the Employee Online Privacy Act of 2014.  This is found in 2014 Public Chapter 826.  This new statute will be found at T.C.A. § 50-1-1001 et seq. and takes effect on January 1, 2015.  This new statute basically prevents an employer from taking any adverse employment action against an employee […]

New Tennessee Law Clarifies that Red Light Violation Does Not Occur When Vehicle’s Front Tires Have Entered Intersection When Light Turns Red

In the 2014 Tennessee Legislative session the Tennessee Legislature decided to clarify exactly what constitutes a red light violation in Tennessee.  The legislature amended T.C.A. § 55-8-110 which is the statute that discusses what traffic control signals mean for an intersection.  It defines and explains the meaning of the “green”, “yellow”, and “red” notifications on […]