Category Archive for: ‘Uncategorized’

Apologies, lawsuits and John Wayne

We live in a society where apologies seem out of fashion. John Wayne is quoted as saying: “Never apologize and never explain. It’s a sign of weakness.” But what should you say if you are involved in an accident and someone else is injured? It is only natural to show concern for another person’s suffering. Does it show weakness? And …

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Prenuptial Agreements Must be Entered Into Knowledgeably to be Valid

An antenuptial agreement (informally called a “prenup”) is binding on each party if both parties signed it “freely, knowledgeably and in good faith and without exertion of duress or undue influence upon either spouse ” Tenn. Code Ann. § 36-3-501. Whether an agreement is valid can be an issue in the probate as well as divorce context. In a recent …

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The Continuing Struggle over Class Action Waivers in Arbitration

The issue of mandatory arbitration of employment and consumer disputes continues to be controversial. The principal bone of contention appears to be the requirement that the employee or consumer waive the right to participate in class or collective actions, so that his or her sole recourse is the pursuit of individual claims in arbitration. No matter how employee- or consumer-friendly …

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Proposed Legislation: Tennessee Homeowners Association Act

  Tennessee Senate Bill 0405/House Bill 610 As introduced, enacts the “Tennessee Homeowners Association Act.” – Amends TCA Title 66. Many developers like to plan their developments as Planned Unit Developments, or PUDs.  The exact definition of a PUD can vary according to local code, but here in eastern Tennessee they are generally single-family detached residential developments in which the …

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How To Choose a Trial Lawyer – Russell W. Adkins

Eight questions to ask before you select a civil trial lawyer 1. How many cases have you tried as solo or lead counsel? There is a difference between a litigator and a trial lawyer. Many fine lawyers are experienced at guiding clients through discovery and setting cases. But not all have substantial courtroom experience. When a lawyer tells you that he …

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