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Settlement Agreement Enforceable; Attorney Emails Are the Proof

This case is a good example of why attorneys should always demonstrate professionalism in their communications.  You never know when your email to opposing counsel is going to turn up as an exhibit… Background This case concerns the enforcement of a settlement...

Wrongful Death Claims Present Challenges for Surviving Family Members

The recent Tennessee Court of Appeals case Nelson v. Myres, offers a succinct and helpful analysis as to who has the priority right to bring a wrongful death claim, particularly in the situation where the surviving spouse may bear some responsibility for the death....

Jury Verdict Reversed; Personal Injury Claim Reinstated

For personal injury claims, exacerbation of previous injuries are fraught with peril.  This recent Tennessee Court of Appeals case offers a bit of hope… Background On October 14, 2011, Plaintiff Steven Kempson was traveling in his Toyota Tundra on I-24 in...

New Case Law on the “Sudden Emergency Doctrine”

The recent Tennessee Court of Appeals case Boshears v. Brooks provides practitioners with a good framework for the application of the “Sudden Emergency Doctrine” in negligence actions.   Background Plaintiff James Boshears was a passenger in a vehicle...

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