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Forum Selection Clause Fails: Insufficient Evidence
In 2006, Johnny Ray Franklin bought a Gulf Stream motor home from a dealership located in Tennessee, where he lives. Gulf Stream is an Indiana corporation, and its dealer is a Florida corporation doing business in Tennessee. Gulf Stream filed a motion to dismiss the lawsuit claiming that the Eastern District of Tennessee was an improper venue. Alternatively, Gulf Stream asked to have the lawsuit transferred to the U.S. District Court for the Northern District of Indiana.
By Admission by a Party Opponent Grounds Royalties from “I’ll Fly Away”
Few songs have transcended time and crossed musical genres as effortlessly as Albert E. Brumley Sr.’s depression-era composition “I’ll Fly Away.” Originally composed as a gospel tune in 1928, the song has since been performed by countless artists, including Hank Williams, Johnny Cash, Alan Jackson, Alison Krauss, Bob Dylan, and even Kanye West. With so many royalties at stake, it was only a matter of time before the song wound up at the center of a copyright dispute, and that is exactly what happened.
New Tennessee Foreclosure Deficiency Law In Effect on September 1, 2010
In this era of decreasing real estate values, it is common for a lender still to be owed money after it forecloses on a piece of real estate. Often, when a lender sues the borrower to collect the deficiency balance, the borrower claims that the lender sold the property for too little at the foreclosure sale. The borrower’s logic is that, since the lender sold the property for too little, the borrower should not be held responsible for the full deficiency.
“Going to the chapel and we’re gonna get…”: Husband Hides Wedding Business Assets from Wife
A husband and wife ran a wedding chapel business in Sevier County, Tennessee. In 2004, they added an overnight cabin rental business and ran them both under the name Mountain Mist Cabins & Weddings. After things soured between them, but before the divorce, the husband claimed that he abandoned the business.
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