Estate Planning Newsletter – October 2016

February 7th, 2017   •   Comments Off on Estate Planning Newsletter – October 2016   

WHAT IS THE DEFINITION OF “CHILDREN?”   In the case of the Estate of Warren Elrod, the Tennessee Court of Appeals dealt with the issue of the definition of “Children” regarding the decedent’s IRA.  In the IRA Adoption Agreement, the decedent provided that the beneficiary would be his wife, and the contingent beneficiary would be… Read More

Business Transaction Newsletter – September 2016

February 7th, 2017   •   Comments Off on Business Transaction Newsletter – September 2016   

WHAT CONSTITUTES NOTICE TO TERMINATE A CONTRACT In the case of Wright vs. Dixon, the Tennessee Court of Appeals opined on the appropriate notice necessary to terminate a contract with a financing contingency provision set forth therein.  In the Wright case, the Buyer/Plaintiff entered into an agreement to purchase real property.  The contract was contingent… Read More

Banking Law Alert – October 2016

November 3rd, 2016   •   Comments Off on Banking Law Alert – October 2016   

Guarantee the Guaranty A recent Tennessee Court of Appeals case, Central Bank v. Wilkes et al., recently addressed the issue of guarantors and liability for pre-existing company debts.  The facts of the case were not disputed.  A commercial loan was provided for a developmental company for $250,000 (“Loan 1”).  The lender later gave another loan… Read More

Medical Malpractice Newsletter – Fall 2016 Issue

November 2nd, 2016   •   Comments Off on Medical Malpractice Newsletter – Fall 2016 Issue   

Getting Back to the Basics: “Bedside Manner”   According to data recorded by the National Practitioner Data Bank, nearly $4 billion was spent in the United States on medical malpractice payouts in 2015. The national rate of medical malpractice payouts has increased in recent years and in Tennessee, the costs of medical liability remains high. … Read More

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