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In Contracts

Can an Electronic Signature Form a Contract in Tennessee?

Can an Electronic Signature Form a Contract in Tennessee?

Did you know that in most cases courts will recognize an electronic signature, and enforce contracts “signed” and created by e-mail exchange?

Oral vs. Written Contracts – Intro

Contrary to popular belief, a contract doesn’t always have to be in writing to be enforceable. Indeed, as explained in one of our prior blog posts,  a court will enforce an oral agreement except in cases involving certain types of contracts that are required to be in writing and signed by the parties.

Of course, even though an oral contract might technically be enforceable, there are plenty of reasons to get an agreement in writing.  Written contracts cut down on “he said, she said” disputes over exactly what was verbally agreed to.  Written contracts are also obviously preferable for any agreement that involves even a hint of complexity.  And, as noted above, in some instances a written contract with signatures in actually required pursuant to the Statute of Frauds.

So, then, how is a written contract actually formed and then signed?  … Read the rest

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August 15, 2016
In Personal Injury

Deadly shooting at Madison Cypress Lakes apartment complex

UPDATED on 08/08/2016:  Police have now identified the victim as Monique Brown, who is the mother of a young child.

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A deadly shooting at Madison Cypress Lakes apartment complex in Memphis, Tennessee.

According to news reports, a young woman was shot and killed in a shooting at the Madison at Cypress Lakes apartment complex.  What makes this shooting especially tragic is that this is hardly the first time the Madison apartment complex has been the scene of senseless violence.  According to News Channel 5, it’s the third incident just this year in which their news crew has reported on a serious criminal incident at the complex.

 History of Crime at the Apartment Complex

Another story reports that “[t]he complex has a history of violent crimes.”  The story also reports that:

In June 2013, a pizza delivery driver was shot during an armed robbery at the complex. In March 2014, one person was shot during another armed robbery. Two months later, in May 2014, a man was stabbed several times by two men during an attempted robbery. Earlier this

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July 27, 2016
In Auto Accident

How to Talk to Your Insurance Company After an Accident

 

Don’t Always Expect the Insurance Company to be on Your Side

After a car accident, you may feel it necessary to contact your auto insurance company or carrier and let them know what has happened immediately. While informing your carrier of an accident is an important step in getting the compensation you deserve, there are a few things you should know before you pick up the phone.

As nice as it is to believe that an insurance company is on your side, this might not always be the case. Insurance agencies are running a business, meaning their main concern will almost always be their bottom dollar. Even though you may have paid your monthly premiums, and followed up on your end of the bargain, the insurance company will likely still not be looking after your best interests. That’s why you may want to consider enlisting the help of a personal injury attorney. Their main objective is to help you get the compensation you deserve. In fact, most DC personal injury lawyers won’t see any payment until you do.

Speaking

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July 26, 2016
In Personal Injury

Injuries to Trespassing Children

Attractive Nuisance Doctrine

In most states, there are special rules addressing injuries to trespassing children.  In Tennessee, for example, there is the “attractive nuisance doctrine,” recently codified in Tenn. Code. Ann. 29-34-208.

In summary, that doctrine holds that a land owner or possessor is liable for injuries to children who trespass if all of the following elements are present:

(1) The owner maintained a dangerous condition that was not a natural condition and knew or should have known that the condition posed a risk of death or serious bodily harm to trespassing kids;

(2) The owner knew or should have known children were likely to trespass onto the property, either because they would be lured there by the dangerous condition or because children regularly play on the property;

(3) The dangerous condition was not apparent, or children, because of their youth, would be unlikely to discover and comprehend the risk;

(4) The usefulness to the owner of maintaining the dangerous condition and the burden of eliminating the danger were significantly outweighed by the risk of harm to kids who would … Read the rest

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July 25, 2016
In Estate Planning

Digital Assets: Who can access my online accounts if I die?

Digital Assets: Who can access my online accounts if I die?

Chances are, if you are reading this Blog Post, you own Digital Assets and have one or more online accounts.  As Estate Planning Lawyers, we continue to see changes in the law to address our increasingly tech-savvy culture. The use of electronic information has continued to play a larger role in the Estate Planning and Administration we do for our clients.

Have you ever thought about what might happen to your Facebook account if you died?  Who would get your iTunes library and how would they access it?

Tennessee Legislature Passes Revised Uniform Fiduciary Access to Digital Assets Act

The Tennessee legislature recently passed the Revised Uniform Fiduciary Access to Digital Assets Act (the “Act”), which became effective July 1, 2016. The intent of the Act is to aid in a Fiduciary’s ability to access an individual’s Digital Assets.  A Fiduciary is someone either appointed by a person or a Probate Court Court to act on behalf of the person in the event of incapacity or death.  A … Read the rest

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July 18, 2016
In Contracts, Estate Planning

Joint Property Ownership Pitfalls and Solutions

Joint Property Ownership Pitfalls and Solutions

Our law firm has worked on a couple of cases lately involving joint property ownership; that is, property owned by a group of several individuals. Owning a piece of land or real estate with a group of individuals or family members can lead to many problems, a few of which we will discuss here.

What Happens to Real Estate When a Person Dies?

In Tennessee, real property typically passes outside of Probate in accordance with the publicly recorded property documents in the County where the property is located.  A person can also plan for the disposition of real property in a Will or Trust.  If you die owning real property in your sole name, though, it can cause significant problems for your Beneficiaries that can be avoided by proper planning.

In both cases I mentioned above, the group of individuals came into joint property ownership because of intestate succession (i.e., dying without a Will).  You may think that you do not need a Will because your property will pass to your heirs regardless.  However, … Read the rest

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July 11, 2016
In General, Uncategorized

Who Says a Judge Can’t Be Funny?

 

Who Says a Judge Can’t Be Funny?

While the underlying crime is by no means funny — i.e. an argument over a dog pooping in a neighbor’s yard that led to a machete fight — Judge Jeff Sutton of the United States Court of Appeals for the Sixth Circuit offers up several good “one-liners” in response to the criminal defendant’s arguments, including the following:

 

“‘There is nothing new under the sun.’ Ecclesiastes 1:9. Maybe so. But this is a first for us — a dispute between next-door neighbors about uncollected dog deposits that degenerated into a near-fatal assault with a machete.”

“Walker’s belief, however honest, was emphatically unreasonable. He had no objective indications that his neighbor was about to attack him with the stick. And even if he did, Walker brought a machete to a stick fight and nearly killed his neighbor in the process — all in a dispute over a canine trespass….”

“Walker’s lawyer attempts to downplay her client’s use of a machete, claiming that it is merely a ‘garden implement.’  That is easy for her … Read the rest

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June 29, 2016
In Auto Accident, Civil Litigation, Medical Malpractice, Personal Injury

Wrongful Death of a Child

 

Info From Patterson Bray About the Wrongful Death of a Child

No one should have to ever think about the wrongful death of a child. As a mother of two young children, I can’t think of anything more unbearable than the loss of a child. But according to the American Association for Marriage and Family Therapy, over 57,000 children under the age of 19 die every year in the United States.

Our law firm represents parents who have lost a child due to the fault of another person or company. The legal term for a death caused by someone else’s negligence or wrongdoing is “wrongful death.”

Who can File Suit for Wrongful Death of a Child?

In Tennessee, only certain people have the right to file a lawsuit to recover damages for the wrongful death of a child. As a general matter, the child’s parents can file suit against the responsible party.  If the parents are divorced, special rules apply. Usually, the parent with “primary custody” has the right to file suit. An administrator can also file the lawsuit. … Read the rest

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June 21, 2016
In Auto Accident, Personal Injury

Does Health Insurance Cover Injuries from a Car Accident?

Health Insurance vs. Car Insurance

Almost every state in this country requires a motor vehicle driver to carry insurance, except for New Hampshire and Virginia. Whenever you need to go to the hospital, you expect to utilize the services you pay for to cover your care. But what happens when you seek medical treatment as a result of a car accident? Does your medical insurance still cover this bill, or do you turn to your car insurance for assistance?

Which Insurance Company Covers the Bills?

This question is really quite detailed, and many factors come into play. In most cases, whoever is at fault is responsible for the medical bills. If someone else hits you and is cited for the accident, it is their insurance that is responsible for paying your medical bills. Now, let us suppose that you are hit by someone who did not have insurance coverage.

Uninsured/Underinsured Motorists

For situations where the at-fault party has little to no coverage, carrying an insurance policy known as uninsured or underinsured motorists coverage can help alleviate the stress of mounting … Read the rest

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June 20, 2016
In Estate Planning

Don’t be like Prince: Get a Will.

Learning from Prince’s Mistake

It’s been widely reported that Prince probably died without a Will. This has left many people wondering:

How could someone rich and famous like Prince die without a Will?

Unfortunately, it is not uncommon for people, even the super-wealthy, to to die without even the simplest form of an Estate Plan. While at least one source reports that Prince’s Estate may be worth less than what people think, this surprising omission of someone of Prince’s celebrity status should give us all cause to stop and think about what might happen to our own families and hard-earned assets in the event of an untimely death.

2 Simple Reasons to Have a Will or Estate Plan

When we meet with potential clients and give basic estate planning seminars, we stress the importance of having, at the very least, a basic estate plan in place. This is important because:

1. Your wishes will be known. Have you ever tried to guess what another person wants? This is why many of us find Christmas shopping very stressful. The only way … Read the rest

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June 13, 2016