We don't think so. In a recentlawsuit we filed, which was the subject of a counterclaim, our client sought guidance from the Court as to whether the Center Hill Lake resort Four Seasons in DeKalb County could retrospectively enforce a restrictive covenant purporting to outlaw short term rentals. Of interest, Four Seasons still allowed rentals of 30 days or longer. First, it is well-settled in Tennessee that “a property owner’s right to own, use, and enjoy private property is fundamental.” [...]
Happy New Year! No, You Don’t Have to Pay Your Adversary’s (And Possibly Other’s) Attorney’s Fees for Bad Construction
The holidays are over, and we hope that no one got a lump of coal in their stocking. But that is almost what happened to our client, who purchased an older residence in one of Nashville's hottest, trendy neighborhoods. To turn that house into a home, she planned some substantial renovations. It didn't go well. In short order, it became apparent that the renovations were actually making things worse. The dispute quickly escalated into litigation. Our client was then shocked [...]
The Nashville Post recently featured the firm's appellate win in the Blue Water Bay, LLC v. Hasty case. Here is the story (limited access to subscribers until today): Appeals ruling issued in commercial arbitration case The Tennessee Court of Appeals has reversed a prior court's ruling requiring a developer of lake property to arbitrate claims with his former partner and development company. In Blue Water Bay LLC v. Larry Hasty, which focused on when parties can be required to [...]
The Tennessee Court of Appeals recently issued an opinion in favor of our client in Blue Water Bay at Center Hill, LLC v. Hasty, 2017 WL 5665410 (Tenn. Ct. App. Nov. 27, 2017). In summary, the appellate court vacated the trial court's decision requiring arbitration with Blue Water Bay without first having the benefit of discovery regarding arbitrability. It reversed outright a related decision requiring Mr. Hasty to arbitrate with a private individual and related development corporation. Among other things in [...]
A Tennessee Supreme Court opinion issued last week in Harvey v. Cumberland Trust and Investment Co. contains some interesting language regarding the "intertwined claims" theory previously touched upon by the Tennessee Court of Appeals in Mid-South Maint. Inc. v. Paychex Inc., 2015 WL 4880855 (Tenn. Ct. App. Aug. 14, 2015), in cases where non-parties to arbitration agreements are forced by the courts to arbitrate. At the end of Harvey, the Tennessee Supreme Court noted: On remand, the trial court must determine which [...]
If you have recently filed a lawsuit in Tennessee, losing may not be the worst outcome. Our latest blog post examines how courts are more routinely sanctioning litigants and their counsel.
As we travel across the State of Tennessee representing litigants in a variety of different matters, we have noticed what appears to be an increased interest in courts sanctioning parties (and unfortunately sometimes their lawyers!) A quick Westlaw or Lexis search reveals a startling number of sanction award cases in recent years, many of which have ultimately been upheld by the appellate courts. For example, not long ago we wrote about our real estate case in Williamson County Chancery Court, [...]
We learned today that the firm's decision in Blackwell v. Sky High Sports Nashville Operations, LLC, ___ S.W.3d ___ (Tenn. Ct. App. 2017), is going to be officially published in the Southwestern Reporter, 3rd Edition. Under Rule 4 of the Tennessee Supreme Court Rules, the appellate courts have adopted the following standards allowing for official publication of opinions: (i) the opinion establishes a new rule of law, alters or modifies an existing rule, or applies an existing rule to a set [...]
Check out my recent article on Congressman Jimmy Duncan's retirement titled Jimmy Duncan, Bill Clinton, and Stephen Breyer's "Taj Mahal" Courthouse.
When I heard about Congressman Jimmy Duncan's retirement after nearly 30 years in the U.S. Congress, it reminded me of a favorite Tennessee political story in which I played a small part. In the early 1990s, I was working as an intern with Congressman Jimmy Quillen's office in Washington, D.C. Quillen, another legend in Tennessee politics, served 34 years in Congress, a feat that he loved to tout and made sure you would remember. Jimmy Duncan had just been [...]