Earlier this week, a lawsuit was filed in Davidson County Chancery Court by a landlord to collect $130,697.44 in unpaid rent from a Romano’s Macaroni Grill located in Rutherford County. There was no allegation that any of the facts of the case occurred in Davidson County or that the parties contractually agreed that the venue … Continue reading “How your registered agent’s address could get you sued in their county.”
As you all know, The Palm restaurant in Nashville sued the Nashville Hilton in July. At the time, The Palm was four months in arrears in its payment of rent. But, despite being in payment default, The Palm went on the offensive and premptively filed the first lawsuit, arguing that the landlord’s (i.e. the Nashville … Continue reading “The Palm and the Nashville Hilton’s litigation over unpaid COVID rent has touched almost every trial court in Davidson County.”
I wanted to get a blog post out before everybody went home for the long weekend, but then I remembered that everybody is already at home… My beef with the TBA Today’s COVID Coverage. I love the Tennessee Bar Association and the TBA Today daily email. You know this, because I talked about it 7 … Continue reading “341 Stories: Law Firm Pay-Cut Shaming; I bought a boat; Wear Pants to your Zoom Hearings”
Memphis Bankruptcy Judge David Kennedy is retiring after nearly 40 years on the bench. Yes, 40 years. Way back in 2010, I wrote about Judge Kennedy as he approached his 30th anniversary on the bench, telling the story about how he graciously hosted me in his Court when I was a 1L law student and, … Continue reading “341: Judicial Retirements, Vacancies, and What we need to do to support diversity in the judiciary”
Over the past few weeks, the Tennessee appellate courts have issued some really useful opinions on creditor-specific issues of law. As you’ll remember from this post (from 2013!), these opinions have great recaps of the law and can save valuable research time. I’ve literally been sitting at counsel table, furiously researching this site for a … Continue reading “New Associates: These recent Tennessee Appellate Opinions can save you some research time.”
Last year, I wrote a post called Judgment Creditors are Limited to the terms of their Foreign Judgments, which cited a Tennessee Court of Appeals case styled The Wolf Organization, Inc. v. TNG Contractors, LLC. The point of that opinion was that a judgment creditor seeking to domesticate a foreign judgment under the Uniform Enforcement … Continue reading “Tennessee Court of Appeals issues opinion that resolves another obscure issue under Foreign Judgment Act.”
Over the last couple of weeks, I’ve enjoyed telling people “I quit my job.” Because it sounds really dramatic. It sounds less exciting when they realize that I just switched to a different law firm. So, yes, as the Nashville Post reported on Monday, I left Bone McAllester to build the new Nashville office for … Continue reading “I quit my law firm. Click to Learn More…”
In late July, I noticed the television ads by the Nashville Catholic Schools during the morning news, confidently advertising that their schools would be open for in-person classes the 2020-21 school year. The first few times, I wondered if it was a coincidence that the ads were being rolled out while public schools were struggling … Continue reading “Will collection on unpaid private school tuition bills be a big news story in 2021? Probably.”
A few weeks ago, the New York Times told the story of filmmaker Amos Poe, who filmed historic shows at CBGB in New York City, getting footage of early shows by Blondie, Talking Heads, and the Ramones. The article is titled “His Film Is a Punk Classic, but the Credits Now Roll Without Him,” and … Continue reading “How a Dispute over a CBGB documentary shows the dangers of not going to Court.”
I represent a lot of landlords all over Tennessee. I also represent a lot of Tennessee small businesses who are, invariably, tenants. Since COVID-19 hit, I’ve probably read 60 different leases. Sometimes, I’m looking at force majeure provisions or for ambiguities that would provide an argument against payment of rent. Other times, I am reading … Continue reading “Should the Bankruptcy Code be changed to provide rent relief? Maybe, says the New York Times.”
