The Basics There are definite deadlines for filing a lawsuit. Statutes of limitation are laws that set forth time limits for filing a lawsuit. These laws differ state to state and depend on the type of claim asserted in the lawsuit. Courts have said the purpose of statutes of limitations are to 1) promote stability in personal and business relationships, 2) give notice to defendants of potential lawsuits, 3) prevent undue delay in filing lawsuits, 4) avoid the uncertainties and burdens inherent in pursuing and defending stale claims, and 5) ensure that evidence is preserved and facts are not obscured by the lapse of time or the defective memory or death of a witness. See, Redwing v. Catholic Bishop for Diocese of Memphis, 363 S.W.3d 436, 456 (Tenn. 2012). Knowing the time limit for filing suit is important whether you intend to pursue a claim or are faced with defending a lawsuit. In […]Continue Reading
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I recently concluded two matters involving the enrollment of an out of state judgment in Tennessee and thought I would re-visit the process and rules for enrolling an out of state judgments in Tennessee. I have previously written about the general process for enrolling judgments across state lines and the process for enrolling international judgments. While the procedure in Tennessee for enrolling an out of state judgment is relatively simple, this process is sometimes complicated when a judgment debtor challenges the enrollment or otherwise attempts to prevent a Tennessee court from recognizing the judgment. Unfortunately, there are not that many Tennessee appellate cases involving the enrollment of foreign judgments or interpreting the Uniform Enforcement of Foreign Judgments Act, Tenn. Code Ann. § 26-6-101, et seq. (“UEFJA”). In fact, during 2014, the Tennessee Court of Appeals issued only one opinion involving the enrollment of a foreign judgment. The case, Guseinov v. Synergy Ventures, Inc., […]Continue Reading
As with most questions in law, it depends. Typically, attorney’s fees are recoverable only if the contract contains an attorney’s fees provision or if the claims involve a statute, such as the Tennessee Consumer Protection Act, allowing a party to recover attorney’s fees. Recently, in Lasco, Inc. v. Inman Construction Corp., No. W2014-00802-COA-R3-CV (Tenn. Ct. App. Jan. 9, 2015), the Tennessee Court of Appeals considered a unique twist on the recoverability of attorney’s fees in a construction contract dispute. In Lasko, a dispute arose between a general contractor and a subcontractor related to a commercial construction project. A few details of the parties’ contract are important here: 1) the contract had an arbitration clause, 2) the contract did not include an attorney’s fees clause, and 3) the contract incorporated the AAA’s Construction Industry Arbitration Rules. The subcontractor filed suit against the general contractor in state court to collect amounts the subcontractor […]Continue Reading
I have been invited by M. Lee Smith Publishers to present a CLE webinar on piercing the corporate veil in Tennessee. I have previously written about piercing the corporate veil in Tennessee, and I am excited to talk about this important subject. The CLE agenda will include: General principles for piercing the corporate veil under Tennessee law The 11 Allen factors Tennessee courts consider in determining whether to pierce the corporate veil The elements for piercing the corporate veil between a parent corporation and its subsidiary as well as piercing the veil under alter ego theory Litigation strategy for filing and defending a piercing the corporate veil claim Recent case law developments Court trends in piercing the corporate veil cases The webinar will take place on Thursday, August 14, 2014, 2:00 p.m. to 3:00 p.m. CDT. For more information about the webinar or to register, click here.Continue Reading
In a previous article, I explained the procedures in Tennessee for enforcing a judgment of a court in another state. Since posting that article, I have received several inquiries regarding enforcing a foreign country judgment in Tennessee. In Tennessee, foreign state judgments are generally enforced pursuant to the Uniform Enforcement of Foreign Judgments Act, which requires a Tennessee court to give the foreign judgment the same effect that it would have in the jurisdiction in which it was rendered. The underlying principle is the full faith and credit requirements of the United States Constitution. However, in the international context, the same constitutional considerations are not applicable, and therefore, enforcing a foreign country judgment in Tennessee is often a more complex process. Consider the situation in which a business in another country obtains a sizable money judgment from a court in that country. The judgment debtor owns significant assets in Tennessee, […]Continue Reading