06/15/2007
BizLit Bulletin - 1st Quarter, 2007



 

 

 


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This is the inaugural edition of the BizLit Bulletin, published by Boult, Cummings, Conners & Berry.  Each quarter, the BizLit Bulletin will review the ten (10) most significant business decisions from state and federal appellate courts applying Tennessee law.  Although the state and federal appellate courts decide numerous cases every week, most cases do not address significant business issues. Our goal is to help you stay abreast of significant changes and new cases in the business litigation arena that may be important to you and your business.

1st quarter's Top 10 includes:

#1 - Is poor construction an "accident?"
The court rules on whether a property insurer's claim denial holds water.

#2 - "Parental" rights
Can a parent company be held liable for interfering with the contract of a non-wholly owned subsidiary?

#3 - It's a free country. Or is it?
When a carpet manufacturer refused to sell to a carpet retailer, the retailer claimed the manufacturer damaged its relationship with a major homebuilder.

#4 - High-voltage case
How a defendant got zapped by providing inaccurate safety information.

#5 - Small print. Big problem.
An insurer declined coverage after a client overlooked a key provision in its policy.

#6 - The buck stops where?
In a multi-party commercial transaction, can you be held responsible for the fraudulent statements of others?

#7 - What's the policy on negligence?
An insurance company paid fire damages but then brought a subrogation action against the condo owner, claiming it was his negligence that caused the loss.

#8 - Moving cargo?
An insurance company denied a claim, saying that a trailer was not "in the course of transit" when it was stolen from a parking lot.

#9 - Is pollution a nuisance?
A paper plant claimed it was not liable for creating a "nuisance" as defined by Tennessee Law.

#10 - Unnecessarily swift justice
The defendant objected when the court scheduled a hearing on a motion to dismiss to be immediately followed by a trial on the merits.