Justifiable reliance is one of four elements a plaintiff must prove in a negligent misrepresentation case. In the recent case of Pritchett v. Comas Montgomery Realty & Auction Co., Inc., No. M2014-00583-COA-R3-CV (Tenn. Ct. App. April 15, 2015), the Court of Appeals held that a plaintiff who signed an agreement…
This case arises from the housing market crash. First Community Bank had purchased asset-backed securities primarily in the form of collateralized debt obligations (CDOs) and residential mortgage-backed securities (RMBSs) from a number of entities including First Tennessee Bank, Morgan Keegan & Company, Merrill Lynch, Pierce, Fenner & Smith, Inc., Bear Stearns…
Here is a link to a blog on covenants not to compete – a fascinating area of litigation. Tennessee has a lot of law in this area, and a recent Tennessee Supreme Court case on the subject was essentially reversed by a new statute. If you do this type of…
B2B tort litigation is a growing phenomena, as big firm lawyers start to think outside of the box. Here is a new blog dedicated to the subject –Unfair Business Practices. The blog focuses on unfair business and trade practices such as business conspiracy, breach of fiduciary duty, misappropriation of trade…
The Tennessee Supreme Court has ruled that a parent corporation may be sued for intentional interference with a contractual relationship between a partially owned subsidiary and a third party. The Court had ruled in an earlier case that " a parent corporation has a privilege pursuant to which it can cause…
Judge Bill Koch has written a opinion that is worth a read by everyone who visits this blog. The case is Johnson v. John Hancock Funds, No. M2005-00356-COA-R3-CV (Tenn. Ct. App., M.S., June 30, 2006). Plaintiffs claimed that they received poor advice from their financial advisor and suffered a loss…