Law Talk Series: The Legal Issues in the Sandusky-Penn State Saga

January 4, 2012

I regularly follow the Litigation & Trial Blog of Pennsylvania lawyer Max Kennerly.  He frequently provides tips and discusses legal issues relevant to the work of trial lawyers. Being on the ground there in Pennsylvania, Mr. Kennerly is uniquely positioned to follow and explain the Pennsylvania law applicable to the various civil and criminal aspects [...]

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Small Business Tip 2012: Be careful when signing a Credit App for your company or you may be personally liable!

January 3, 2012

Most small business vendors and suppliers require a company officer to sign a Commercial Credit Application/Agreement to buy goods and supplies on account. Watch out, though! Carefully examine the language of the Application/Agreement or you may find yourself personally liable for the debt even if you don’t have any ownership in the company! The Tennessee [...]

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Law FAQ: I bought a car yesterday but now think I made a bad decision. I have 3 days to get my money back, right?

December 19, 2011

No.  There is no “cooling off” period in Tennessee that gives you the right to back out of a car purchase simply because you’ve had a change of heart. Of course, if the Dealer offers a return policy – i.e. a money-back guarantee or a “return with no questions asked” policy – then you may [...]

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Law FAQ: What is a deposition?

December 16, 2011

A deposition is similar to a witness testifying in court, except that it occurs in an out-of-court setting.  A witness at a deposition is referred to as the “deponent.”  Typically, a deposition will take place in a lawyer’s conference room, although I have personally been involved in depositions that took place in homes, hospitals, and [...]

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The Lawyer-Elves of Wiseman Bray PLLC are BACK!

December 12, 2011

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Law FAQ: Is my car a lemon?

December 12, 2011

Tennessee’s Lemon Law is intended to protect new car purchasers from the occasional vehicle that, for some reason or another, has problems that are beyond repair. The core of the Lemon Law is at T.C.A. § 55-24-102, which states as follows: If a new motor vehicle does not conform to all applicable express warranties and [...]

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Law FAQ: What is a HEET?

December 6, 2011

A HEET is a Health and Education Exemption Trust.  This time of year many clients are making gifts to their children and grandchildren.  They often forget that gifts in excess of the $13,000 annual gift tax exclusion amount will be subject to Tennessee gift tax and affect their Federal Estate Tax exemption amount.  However, gifts [...]

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Firm News: Lang Wiseman Elected to Board of Directors

December 1, 2011

The Memphis Bar Association announced today that Lang Wiseman was selected to serve on its Board of Directors. Lang was elected by a vote of his fellow attorneys at the MBA annual meeting. It will be his second stint on the Board after having served from 2006-2007. Lang is also a Fellow of the Memphis [...]

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Law FAQ: What is negligence? What is a legal duty? (Part 2)

November 29, 2011

In yesterday’s blog post, I listed the 5 basic elements for a negligence claim: duty, breach, injury, causation, and proximate/legal cause.  Today’s post will focus on the first 2 elements which, for the most part, comprise the most interesting and difficult issues that arise in connection with negligence claims:  duty and breach. As noted yesterday, negligence is commonly [...]

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