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In Business Litigation, Civil Litigation, General, Personal Injury

Put Up or Shut Up is Back

Put Up or Shut Up is Back

In what is generally viewed as a win for defendants in lawsuits, the Tennessee Supreme Court recently reverted to a more lenient summary judgment standard used by courts in Tennessee prior to 2008.  

A summary judgment motion is a procedural tool where a party (typically a defendant) can ask the court to “short circuit” a lawsuit by asking the court to dismiss the suit because there’s no dispute over any material fact, and the case can be resolved on legal grounds.  In federal court, and in Tennessee state court prior to 2008, a defendant could prevail on a motion for summary judgment by simply pointing out that a plaintiff had insufficient evidence to support his claims, even if the court were to assume that all of that evidence was viewed in the light most favorable to the plaintiff.  In order to survive the motion and keep the lawsuit alive, the plaintiff would have to come forward and identify relevant evidence showing that an actual trial was, in fact, necessary.  This summary judgment standard … Read the rest

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November 14, 2015
In General

Erin Shea Elected as Fellow by the Memphis Bar Foundation

Erin Shea Elected as Fellow by the Memphis Bar Foundation

Patterson Bray is proud to announce that Erin Shea was recently elected a Fellow by the Memphis Bar Foundation.

The Memphis Bar Foundation is the philanthropic arm of the Memphis Bar Association with the mission of promoting philanthropy among members of the Bar; advocating and supporting public awareness of the legal system; promoting social justice and legal education; and encouraging and recognizing professionalism among members of the Bar. Fellows are elected in recognition of devoted and distinguished service to the legal profession and the administration of justice and adherence to the highest standards of professional ethics and personal conduct.

More About Erin Shea

Erin is married to Martin F. Shea, Jr., and has two children, Elin (4) and Martin, III (19 months). Read more about Erin by clicking here.… Read the rest

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November 13, 2015
In General, Government

Local Goverment Alert: TN Supreme Court acknowledges expansive rights of governing boards to sue & be sued

Local Goverment Alert: TN Supreme Court acknowledges expansive rights of governing boards to sue & be sued

Two recent opinions give real insight into the Tennessee Supreme Court’s thinking about the ability of the components of local government to sue each other.

In the first case, the Court confirmed Metro Nashville’s ability to sue its own Board of Zoning Appeals.  In the second case, the Court confirmed the Coffee County School Board’s right to sue two cities over funding issues.

These opinions are especially timely considering the battle brewing in Memphis about whether or not a County Commission can retain its own counsel, separate and apart from the county attorney.… Read the rest

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November 12, 2015
In General, Government

State of TN holding $725M in unclaimed property – click to see if any belongs to you

State of TN holding $725M in unclaimed property – click to see if any belongs to you

Ever wonder what happens to money or property that gets “lost in the shuffle” so to speak?

 

  • an old utility or lease deposit you forgot to follow up on before you moved
  • the last interest payment due in an old savings account you closed
  • a final paycheck at an old job
  • an old safety deposit box your grandmother never told anyone about

 

This is referred to as “unclaimed property,” and by law the holder of the property (i.e. the bank, the landlord, utility, company, etc.) must turn it over to the State along with information about the name and last known address of the owner. They CANNOT keep the property; however, they are not required to track down the owner, either. They can simply turn it over to the State and be done with it.

 

Literally MILLIONS of dollars in unclaimed funds are turned over to the State of Tennessee each year.  Over $40 million was turned in just last … Read the rest

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November 11, 2015
In Civil Litigation, General, Personal Injury

Apartment Complex Crime -Negligent Security-Memphis

Apartment Complex Crime -Negligent Security-Memphis

Memphis has more than its share of violence. Apartment complex crime in Memphis is serious. Recently, another man lost his life after being gunned down as he was walking back into his apartment at the Prescott Place Apartments located in the 1700 block of Morlye Street. Not all crime is preventable, but many times property managers and apartment complexes do not have adequate security to deter and prevent crime.

We have significant experience in handling apartment crime and negligent security cases. Investigating and prosecuting these claims can be complex. We often learn that  large out-of-town companies own and operate apartments in high-crime neighborhoods, and do little to protect their residents and visitors. Why do these companies ignore the crime? It’s simple: spending money on security measures cuts into the bottom line.

An apartment complex presents unique security issues that don’t exist in single-family neighborhoods. The layout of the premises often makes it challenging for local police to monitor and patrol the area. Because of this, it is even more important for apartment companies and property … Read the rest

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November 11, 2015
In Civil Litigation, General

Who keeps the Engagement Ring After a Break-Up?

Who keeps the Engagement Ring After a Break-Up?

I enjoy listening to the “Mike & Mike Show” on ESPN Radio during my morning commute.  I remember on one show that they were discussing a lawsuit filed by NFL player, Mario Williams, against his ex-fiancee seeking the return of a $785,000 engagement ring. So they posed the question for each of their in-studio guests:  Should the ex-fiancee get to keep the engagement ring?

Opinions varied, but the general consensus was that she should have to return the ring, unless the engagement ended because of infidelity by Williams. Interesting opinions.  And actually not that far off from what the law actually requires.… Read the rest

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May 8, 2013
In General

Interesting TN Law Prohibiting Tracking Devices on Vehicles

Interesting TN Law Prohibiting Tracking Devices on Vehicles

I ran across an interesting TN statute the other day, Tenn. Code Ann. § 39-13-606, which states in pertinent part that:

It is an offense for a person to knowingly install, conceal or otherwise place an electronic tracking device in or on a motor vehicle without the consent of all owners of the vehicle for the purpose of monitoring or following an occupant or occupants of the vehicle.

In other words, you should probably think twice before purchasing a tracking device from one of the those “I Spy” type stores in an effort to keep tabs on, or gather evidence against, a spouse or partner.  Not only does violation of the statute constitute a Class C misdemeanor, but I also imagine that any illegally secured evidence would be subject to challenge in civil court as well.  In other words, that smoking gun evidence you think you’re getting from the tracking device might actually end up getting thrown out anyway.… Read the rest

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February 26, 2013
In Estate Planning, General, Uncategorized

Gun Trusts: Feinstein’s Bill Addresses Handguns Too.

Gun Trusts: Feinstein’s Bill Addresses Handguns Too.

According to the Washington Post, Senator Feinstein’s gun control bill not only seeks to severely restrict the sale and transfer of modern sporting rifles, but also “prohibits the sale or transfer of high-capacity, ammunition-feeding devices currently in existence” – a clear reference to gun magazines that hold more than 10 rounds.

While most gun owners don’t own an AR-15, millions of Americans own handguns for personal defense.  Many if not most of these “regular” handguns are sold with magazines that hold 10 rounds.  It’s these personal defense weapons that Senator Feinstein seeks to restrict.  If her bill becomes law, millions of Americans will no longer be able to sell, give away or pass their handgun to their family in their will.

It is unlikely that the entirety of the proposed bill will become law.  However, is seems probable that portions of the proposed legislation will.  If you are interested in maintaining control of your firearms, call us now to set up a Gun Trust at 901-372-5003.

For more info, click here for our … Read the rest

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January 25, 2013
In General

Reminder: Final 2012 Estimated Tax Payment due TODAY! (Jan. 15)

Reminder: Final 2012 Estimated Tax Payment due TODAY! (Jan. 15)

For all you estimated tax filers, here’s a friendly reminder that your next payment (using IRS Form 1040-ES) is due TODAY, January 15, 2013.

NOTE: Estimated taxes are generally paid by self-employed persons, although others are potentially required to file. According to the IRS website instructions: “Estimated tax is the method used to pay tax on income that is not subject to withholding. This includes income from self-employment, interest, dividends, alimony, rent, gains from the sale of assets, prizes and awards. You also may have to pay estimated tax if the amount of income tax being withheld from your salary, pension, or other income is not enough.”

MORE:  Previous Blog Post — What is an Estimated Tax Payment, and Who is Required to Make Them?… Read the rest

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January 15, 2013
In General

Halloween Safety — Homeowners, Trick-or-Treaters, and the Law

How to Prepare This Halloween

Halloween is a great time of year – costumes, hayrides, haunted houses and candy!  However, homeowners should be mindful of the legal responsibilities they owe visitors to their property.

Later this month, homeowners  will have a variety of ghosts, princesses, vampires, and angry birds trick-or-treating at their doorstep.  Halloween night poses many risks for homeowners because you are essentially opening your home and property to the public.  As you may or may not know, you owe what lawyers call a ‘duty of reasonable care’ to each child or visitor that comes onto your property.

Here are some commonsense tips to fulfill your duty of care and protect visitors to your property this year:

  1. Keep Your Property Well-Lit – Be mindful that trick-or-treaters will be cutting through all parts of your property to find your front door, so try to make sure that your front porch is adequately lit for them to easily find their destination.  By keeping the path to your home and front step well-lit, you can prevent potential slip-and-falls by trick-or-treaters wondering into
… Read the rest Continue Reading
October 22, 2012