Tennessee Litigation Lawyers

At Thompson Burton, our commercial and business litigation attorneys have broad experience in dispute resolution. We represent clients among all industries and are dedicated to keeping their best interest top-of-mind. Whether you’re a small business owner or CEO, we are available to represent you and help move your company forward.  

Commercial Litigation Services

Our litigation lawyers at Thompson Burton are passionate about representing Tennessee professionals. If you need legal support to resolve a business-related issue, contact us. Our dedicated team has years of experience in commercial and business litigation regarding a variety of matters, such as:
  • Breach of contract cases
  • Real estate litigation
  • Construction litigation
  • Employment disputes
  • Multi-Level Marketing (MLM) litigation
  • Business partnership issues
  • Fraudulent activity
  • Business malpractice
No matter how stable your business is, commercial disputes can severely disrupt your operations while costing you a lot of money. If you’re experiencing an issue, it is imperative that you take legal action as soon as possible to avoid risking a negative potential outcome


Contact Our Law Firm of Business Litigation

Have you been faced with a business dispute? If so, don’t hesitate to contact us. We will efficiently review your case and swiftly move the litigation process along.  
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The EEOC is Serious about Enforcing Retaliation Claims

On January 21, 2013, I reported on the EEOC’s aggressive Strategic Enforcement Plan for 2013. As noted in my post, one of the 6 major priorities of the plan includes: Preserving Access to the Legal System. The EEOC will target policies and practices that discourage or prohibit individuals from exercising their rights under employment discrimination statutes, or that impede the EEOC’s investigative or enforcement efforts. In other words, the EEOC intends to focuses its efforts on workplace retaliation. Now, we know that the EEOC is doing more than playing lip service through its Strategic Enforcement Plan; a recent settlement in the U.S District Court for the Middle District of Tennessee demonstrates that the EEOC is actively pursuing retaliation claims. In EEOC v. Cappo Management XX, Inc., 12-CV-0239 (M.D. Tenn. Jan. 25, 2013 ), the EEOC brought suit against Cappo, which owns and operates Nissan car dealerships. The EEOC alleged that the […]

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Breach of Contract: The Duty of Good Faith and Fair Dealing in Commercial Contracts

The Tennessee Supreme Court recently addressed an important issue of first impression in Tennessee: whether the implied covenant of good faith and fair dealing applies to a silent consent provision regarding the assignability of a commercial contract. Dick Broadcasting Co., Inc. of Tennessee v. Oak Ridge FM, Inc., E2010-01685-SC-R11-CV (Tenn. Jan. 17, 2013). In this case, the plaintiff, Dick Broadcasting Co., Inc., entered into three contracts with the defendants, Oak Ridge FM, Inc., ComCon Consultants and John W. Pirkle, relating to the programing of a radio station in Oak Ridge, Tennessee. Thereafter, the plaintiff decided to sell all of its assets to Citadel Broadcasting Company for $300 Million. As part of this transaction, the plaintiff sought to assign its contracts with the defendants to Citadel.  One of the contracts, a Right-of-First-Refusal Agreement, contained a so-called “silent consent clause.” In other words, the contract provided that consent to the assignment was […]

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Construction Law: The Scope and Limits of a Commercial General Liability Policy

If you are a residential contractor, you know that claims for defective construction are far too common. If faced with such a claim, you likely expect your general liability insurer to defend you. Unfortunately, there are instances where coverage may not apply or the right to a defense under your commercial general liability policy may not exist. Moreover, as demonstrated in a recent opinion by the U.S. Court of Appeals for the Sixth Circuit, insurers sometimes misinterpret defective construction claims and then mistakenly or wrongfully refuse to provide a defense to their insured. In Forrest Construction, Inc. v. The Cincinnati Insurance Company, 3:09-cv-1036 (6th Cir., Jan. 11, 2013), the Sixth Circuit clarified the duty of an insurer to defend under a commercial general liability policy. The facts of this case are straightforward. The plaintiff, Forrest Construction, Inc., a residential general contractor, maintained a commercial general liability (“CGL”) policy with Cincinnati Insurance […]

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EEOC Adopts Agressive Strategic Enforcement Plan

The U.S. Equal Employment Opportunity Commission recently issued its Strategic Enforcement Plan for 2013-2016. The EEOC is the federal agency responsible for enforcing federal laws prohibiting employment discrimination on the basis of race, color, religion, sex (including pregnancy), national origin, age, disability, or genetic information. As part of its new strategic plan, the EEOC adopted the following as national enforcement priorities: 1. Eliminating Barriers in Recruitment and Hiring. The EEOC will target class-based recruitment and hiring practices that discriminate against racial, ethnic and religious groups, older workers, women, and people with disabilities. 2. Protecting Immigrant, Migrant and Other Vulnerable Workers. The EEOC will target disparate pay, job segregation, harassment, trafficking and discriminatory policies affecting vulnerable workers who may be unaware of their rights under the equal employment laws, or reluctant or unable to exercise them. 3. Addressing Emerging and Developing Issues. The EEOC will target emerging issues in equal employment […]

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Damages: Pre/Post Judgment Interest in Tennessee

In Tennessee, pre-judgment interest may be an important element of damages in lawsuits involving breach of a contract. In these types of lawsuits, pre-judgment interest may be awarded as an element of damages. The rationale for this award is that when a party has breached a contract, the other party has loss of the use of funds due to the other party’s breach or failure to pay an obligation according to the terms of the contract. In order to compensate for this loss, the courts will often allow pre-judgment interest as part of the damage award (also known as “delay damages”). Because litigation can sometimes take years to complete, pre-judgment interest can quickly accrue and become a significant component of damages. As is often the case with an award of attorney’s fees, the allowance of pre-judgment interest is within the discretion of the trial court. Trial courts generally have the […]

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