When litigation begins, lawyers try to prepare their clients for delays. Sometimes a civil trial is delayed because it takes longer to gather materials than expected, because a witness is unavailable, or because a judge’s docket is full. Sometimes, litigation is protracted not because of delays but because of appeals. This is why it is important to have an experienced appellate...read more
The Tennessee Supreme Court has endorsed new methods for determining the value of stock for dissenting shareholders, clarifying that there is no single required approach to determining stock value under Tennessee law. The case of Athlon Sports, Inc. v. Dugan, concerned minority stockholders who were forced out during a company merger. The stockholders sued for the value of their business...read more
Renting a car can be complicated. Unwinding the insurance issues when a rental in involved in an accident requires untangling the intersection of state and federal law. A new Tennessee Supreme Court ruling gives some guidance. Tennessee’s Financial Responsibility statutes, Tenn. Code Ann. § 55-12-101 et seq., mandate that Tennessee motorists have auto insurance. Specifically, a Tennessee...read more
Does comparative fault still apply for direct negligence claims when the employer has admitted vicarious liability? In its recent ruling on a Tenn. R. App. P. 10 Extraordinary Appeal, the Tennessee Court of Appeals has answered “yes.” As a result of the recent ruling in Jones v. Windham, the Court of Appeals has rejected the so-called preemption rule, barring direct negligence...read more
Jefferson, Madison, and Hamilton could never agree on what "Necessary and Proper" meant in the Constitution.
200 years ago today, John Marshall wrote that Congress's acts must "consist with the letters and the spirit of the Constitution."
Happy Birthday, McCulloch v. Maryland https://t.co/Ofa6mb9y4s