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Tennessee Business Law Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation and Contracts for Tennessee on
Q: Can a towing company increase the price on a previous quote?

The towing company gave me a $75 quote on towing service and I accepted. Once they got there, they said it was going to be harder than they had expected to get my car out of a ditch. They also needed to call a police offer to direct traffic. Before the officer arrived and before they even towed my... Read more »

Brandon D. Fersten
Brandon D. Fersten answered on Oct 27, 2019

To start, it sounds like you originally had an oral contract for your vehicle to be towed for $75. As such, generally speaking, the towing company was required to tow your vehicle for the agreed upon price. The price is usually offered based on the distance that the vehicle will be towed and the... Read more »

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: Where do I file my LLC if I have a new company never registered with the state, but moved to a new state?

My business is registered with the IRS under my home address which was in Tennesee. My company is an outreach (home health) service that does not have a physical location. The services will be provided in Tennessee only at this time, however, I (the owner & founder) moved to Mississippi. Do I still... Read more »

Paul E. Tennison
Paul E. Tennison answered on Sep 30, 2019

If you are providing the services in Tennessee, then you should likely either incorporate in Tennessee or you could file in MS and also file in Tennessee as a foreign LLC transacting business in Tennessee. For a deeper discussion of the pros and cons of each option, I recommend you speak with an... Read more »

1 Answer | Asked in Consumer Law, Contracts and Business Law for Tennessee on
Q: From an attorney's perspective, how would a company prevent a lawsuit like the one in Pittsley v. Houser from occurring?

Question: Should the Uniform Commercial Code be applied in a case where installation was defective but the goods are not?

Facts:

1) Pittsley contracted with Hilton Contract Carpet Co. for carpet installation for $4,402; $3,500 for the carpet and $902 for installation.

2)... Read more »

Paul E. Tennison
Paul E. Tennison answered on Sep 30, 2019

This is a very specific, fact intensive question. You should discuss with an experienced business attorney. I recommend you schedule a consultation to discuss this in greater detail.

Notably, your question seems to be one of how an Idaho case applies in Tennessee. That would be unclear...
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2 Answers | Asked in Contracts, Business Formation and Business Law for Tennessee on
Q: LLC partner never paid his share of funds for the business and is now In prison for many years 2 mos after filing LLC.

How can I remove him from the LLC without dissolving my company? I asked him to sign papers to remove him and he refused. He never paid anything toward the business or filings for any of our licenses. He is in debt to the company for his legal fees and using the business credit to fund personal... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 30, 2019

You could file a lawsuit against him to have his membership interest terminated. Consult with local counsel to review the LLC's operating documents to determine your best course of action.

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1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Tennessee on
Q: this is owned by my father and his company... this is being used illeagly

WEALTHBUILDER Trade Mark

Tim Akpinar
Tim Akpinar answered on Sep 21, 2019

You chose good categories, but what you describes sounds like trademark infringement. Try reposting in the Trademark (and maybe Intellectual Property) category(s). It would have a better chance of being seen by an attorney who is knowledgeable in this area. Good luck

Tim Akpinar

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Tennessee on
Q: Can a contract suspension be perpetuous?

Speaking of a Music Publishing Contract. (Entertainment Law).

Mr. James Charles Wright
Mr. James Charles Wright answered on Sep 5, 2019

I am anticipating from your question that a party is suspending performance or request for performance for an indefinite period of time - I don't have enough information to respond to your question and the contract and facts would probably control the answer. If the contract provides that either... Read more »

1 Answer | Asked in Employment Law, Business Formation, Business Law and Intellectual Property for Tennessee on
Q: Deformation, lost wages, emotional distress. Investor for start up. Wanted 40% after 3mo in. Can I sue!

Contracts with local clients- established. Investor wanted to deposit “monies” from unknown sources into business account. I am a Lease holder and investor has put myself and the employees out. Investor has made slanderous comments to members of the business community. I have lost all wages,... Read more »

Frank J. Steiner
Frank J. Steiner answered on Aug 19, 2019

Based on the facts provided you may have a claim for tortious interference with business relationship.

1 Answer | Asked in Business Law and Municipal Law for Tennessee on
Q: We want to sell beer in our family's corner store. Back in 2000 my father tried to get a permit to sell beer and a local

Church objected, so his permit was denied. Are we still at risk of that happening today if we reapply? The church is not adjacent to the store and is not touching the property line. It's roughly a quarter mile away.

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jun 17, 2019

Probably- most cities have local ordinances which specify that any business selling alcohol have to be located various distances from churches or schools. ( The distance can vary- depending on whether the sale is for consumption on the premises or for "take out" - it can also vary for beer/ wine or... Read more »

2 Answers | 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
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 »

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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
Tim Akpinar
Tim 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
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
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
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
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

Tim Akpinar
Tim 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
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
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...
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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
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
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 »

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