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Tennessee Business Law Questions & Answers

1 Answer | Asked in Business Law for Tennessee on

Q: Piece of plastic/paper found in daughter's McDonald's drink. What do I do?

My mom took my 14 yo daughter to get a drink at McDonald's tonight, where they go all the time. Normally, my mom gets a lg Diet Coke and my daughter gets a lg sweet tea, but tonight they switched, and my daughter got the Diet Coke. There are a few employees at this McDonald's that do not like my... Read more »

Bennett James Wills answered on Jun 13, 2019

In order to have a claim for negligence or an intentional tort you must have suffered damages. Damages usually means physical damages or monetary damages. On the facts you provided, no one got hurt (fortunately). Since you suffered no damages, you would have no viable legal claims. Best option... Read more »

1 Answer | Asked in Family Law and Business Law for Tennessee on

Q: I filled my perscription. I later noticed the name was incorrect. What do I do

Timur Akpinar answered on Apr 17, 2019

You could bring it to the attention of the pharmacist to check if you did in fact receive the correct medication you were supposed to receive, and if the label error only involved your prescription (rather than additionally involving someone else out there who might have received your intended... Read more »

1 Answer | Asked in Business Law for Tennessee on

Q: bought a karaoke hard drive on line for my wife. bought only for personal use. never used for any monetary gain.

didn't even use it. being sued by a a co. called stellar records. they are represented by a firm in milwaukee, they are asking for 8000, in 1 payment or 10000. in time payments. would be wise to ask to settle this for a much smaller amount somewhere around 750. and surrender hard drive. not... Read more »

Mr. James Charles Wright answered on Apr 9, 2019

You will likely need to talk to an attorney. If you have not used any item then you likely have not infringed on any protected work. You may have a right of action against the company that sold you the hard drive as well. You may have a number of legal defenses.

1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Consumer Law for Tennessee on

Q: Can I fight the law that charges me for sewer even though I am not hooked up to sewer

Utility District Law of 1937, Tennessee, Ann. §§ 7-82-101,

Anthony M. Avery answered on Apr 1, 2019

You can hire an attorney to file a Declaratory Judgment Action against the County and State. It would probably be a Fifth Amendment based issue, but has little likelihood of success. The expense alone would exceed the the Sewer Charges for several years.

1 Answer | Asked in Business Law for Tennessee on

Q: I am an employee/owner of an S Corp with 2 equal owners. I am the President and he is Secretary. 1. Can I fire him?

He is trying to assume control of the business since I have been out due to illness, misses 2 days a week due to Alcohol. If I fire him do I need to compensate him since he is an equal stockholder. We no longer have a buy-sell agreement due to a prior lawsuit last year. He does not want another... Read more »

Leonard Robert Grefseng answered on Feb 12, 2019

This can't be answered in this limited question-answer format. An attorney would need to closely review the corporations' by-laws to determine how to break a "deadlock." Since you are "equal stockholders" it appears that neither of you have the legal authority to oust or exclude the other. based... Read more »

1 Answer | Asked in Business Law for Tennessee on

Q: TN Code Ann. 62-20-105: Need an interpretation of section e. Court Judgments can be enforced without a coll. license?

Mr. James Charles Wright answered on Jan 22, 2019

Your question is not clear to me. TCA 62-20-101 et seq. provides for licensing of business that collect debts. Subsection e allows for someone to voluntarily make a payment or in the event of a final judgment pay the judgment. The person cannot set aside the payment simply because he debt... Read more »

1 Answer | Asked in Business Law for Tennessee on

Q: I would like anything you know about reducing political bribery in the US for my paper.

I am a high school student from Sycamore High, Pleasant View TN

Timur Akpinar answered on Dec 6, 2018

You should be able to find abundant material on the Internet. You could also explore the related topic of campaign contributions.

Tim Akpinar

1 Answer | Asked in Business Law and Products Liability for Tennessee on

Q: I own a small retail electronic cigarette store and was named in a product liability law suit. Now unable to renew ins.

What are my options to keep my store open or what is important if I have to close?

Mr. James Charles Wright answered on Dec 5, 2018

If you have insurance, you should make them aware of claim. The insurer may provide you with a defense. Also a seller has a number of defenses to a products claim. Not sure why you cant get insurance. May need to ask another agent to help you. I am assuming this means after this claim was made,... Read more »

1 Answer | Asked in Business Law for Tennessee on

Q: what is a collective mark? Dilution in value?

a test for a class. and examples.

Mr. James Charles Wright answered on Nov 26, 2018

A collective mark is a type of trademark owned not by an individual or company but by a collective group- so that each member of the group can use the mark. For example the wool trade mark or cotton trademark.

Dilution in value .. equity dilution in value occurs whenever more stock is...
Read more »

2 Answers | Asked in Business Formation and Business Law for Tennessee on

Q: I started my own business with a partner. She wants to back out and no longer be o co owner. How do I remove her in TN?

Frank J. Steiner answered on Nov 12, 2018

You must file the appropriate paperwork with the Secretary of State.

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1 Answer | Asked in Consumer Law, Criminal Law and Business Law for Tennessee on

Q: What should be done when a Former Partner of a surveyor, hired for private property job, impersonates the person hired?

My brother gave all pertinent papers (*wills) to this person, then realized it was not the person who had been hired. He stopped payment on a check in the amt. of $6800.00, called the appropriate person, and he's now waiting to hear from him again. I live in TN, as well as my brother, although he's... Read more »

Anthony M. Avery answered on Oct 16, 2018

You will have to call the Sheriff's Department and ask to swear out a Warrant with a Detective. Let the Magistrate decide which Criminal Statute was violated. But since you actually paid no money, probably no charges will be issued. It is possible a Complaint to the Land Surveyor's Branch of... Read more »

1 Answer | Asked in Business Formation, Business Law, Contracts and Civil Rights for Tennessee on

Q: where can I find TN common law rights on tranfer of reserved name or assumed name

session laws on Assumed Name or Tranfer of Reserved name

Leonard Robert Grefseng answered on Oct 3, 2018

Your question is unclear- there will be no "common law" on these issues. Any issues concerning a corporation's assumed name or reserved name are governed by the state statutes regarding corporations, and also perhaps the rules of the Secretary of States' office.

1 Answer | Asked in Copyright, Business Formation, Business Law, Intellectual Property and Trademark for Tennessee on

Q: I'm starting a new brewery with friends, and we want to know how soon we need to copyright our products?

Peter D. Mlynek answered on Sep 25, 2018

Congratulations on your new venture! I hope that it is a great success.

You can start to protect your intellectual property right away. The most important for you will likely be trademarking your product names, logos, etc. You can file for federal registrations before you ship your first...
Read more »

2 Answers | Asked in Business Law and Civil Litigation for Tennessee on

Q: Can a company change their name to avoid a lawsuit?

Can a company change their name to avoid a lawsuit ?.

Leonard Robert Grefseng answered on Aug 28, 2018

I suspect not- changing the name will require filing documents to change the ownership of property, vehicles. business licenses, etc. Also, unless it is a sole proprietorship ( a single owner), changing the name will require filing documents with the Secretary of State ( for corporations and... Read more »

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1 Answer | Asked in Business Law, Estate Planning and Probate for Tennessee on

Q: Sole owner of 100% Shares of active TN Corporation died with will leaving 50% shares to employee/manager & 50% shares

to daughter for 5 years. After 5 years, daughters' 50% shares to be given to employee/manager. His will named employee as CEO & daughter as Secretary. Who owns the C Corporation? Who is entitled to the financial Corporate assets? Daughter also named as Executor but cleared money out of... Read more »

Stefan Dunkelgrun answered on Aug 24, 2018

For the next 5 years, employee/manager and daughter/secretary each own 50% of the company. What powers they have over the assets depends on the corporate documents.

In 5 years, the daughter's interest will terminate and the employee/manager will own 100% of the company. The daughter...
Read more »

1 Answer | Asked in Business Law for Tennessee on

Q: As a trade contractor in TN, can I legally request partial payment up front from a customer

I'm pretty certain, I read where Tn changed their laws a few years ago stating no contractor could legally request payment upfront before beginning work.

Mr. James Charles Wright answered on Aug 17, 2018

Look up TCA 62-6-510. The entire section is important- but you are looking for (12).

1 Answer | Asked in Business Law, Civil Rights and Personal Injury for Tennessee on

Q: Is gathering information about a homeowner from the owners neighbors to sell them products an invasion of privacy?

Mr. James Charles Wright answered on Jun 8, 2018

I am not aware of any prohibition on this. If your neighbors know, then it is not private anyway. Not much that is truly private anymore.

1 Answer | Asked in Business Law and Civil Litigation for Tennessee on

Q: I'm a contractor and in a dispute with a customer. She is holding my tools ransom. I don't think that's legal?

Mr. James Charles Wright answered on Jun 6, 2018

I'm guessing you left them there- the custormer is claiming that you didn't finish the job- and that if you want the tools you can either finish the work or otherwise resolve things. You could contact the police but I am doubtful the police would get involved. After all the customer didn't go get... Read more »

1 Answer | Asked in Business Formation and Business Law for Tennessee on

Q: I was just trying to change my partnership into a llc or corp c. I'm looking to build Business credit.

I didn't want to use our personal ssn. Which is the best way to go about doing so?

Benton R Patterson III answered on May 31, 2018

If that is all you want to accomplish, you do not need to convert the partnership to another entity. A partnership can obtain an EIN, allowing the partnership to obtain credit and file taxes under the partnership's EIN, rather than a partner's SSN. You can apply for an EIN on the IRS website.

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