Litigation & Dispute Resolution

In the course of business, conflicts can arise around a variety of issues ranging from breach of contract to disputes over liability for negligent acts. Lodestone Legal Group provides guidance to clients regarding the many options available for resolving their specific dispute.

Often, disputes can be resolved pre-trial through an alternative dispute resolution process such as Negotiation, Mediation, or Arbitration. In many contracts, Mediation or Arbitration may be required prior to or instead of filing a lawsuit.

Other times, after the good faith efforts of one or both parties, conflicts end up in court for trial. When this happens, you need a litigator with the skills and experience to provide direction and guidance and to confidently stand up for your rights before the judge and jury.

Click the image on the left to hear from one of our dispute resolution attorneys.

Disputes We Handle

Whether you are being sued or are contemplating filing a lawsuit, litigation is a stressful endeavor. The attorneys at Lodestone Legal Group will help to reduce the anxiety and worry through developing a comprehensive strategy toward a successful resolution of your case. Our litigation team works with experienced substantive law attorneys to understand key legal issues and persuasively argue those issues before the court.

  • Contracts
  • Debtor/Creditor Relations
  • Commercial Transactions
  • Employment
  • Non-Competes and Non-Disclosure Agreements
  • Tortious Interference
  • Products Liability
  • Corporate Governance
  • Director/Officer Breach of Fiduciary Duties
  • Shareholder Rights
  • Professional Negligence

Business Torts - Representing commercial businesses, construction companies, office buildings, parking lots, restaurants, retail stores, landlords, and other property owners on premises liability matters including those involving serious injury such as:

  • Defects on the premises
  • Acts of negligent third parties
  • Slip and falls
  • Negligence or improper maintenance of the premises
  • Lack of effective warning signs
  • Inadequate Security or lighting

Often, when parties have an ongoing or long-term relationship, disputes can be resolved through negotiation led by an experienced attorney. Negotiations allow the parties to keep their dispute confidential and can help to keep costs low. Both sides are able to share input and craft solutions for the conflict achieving results much sooner and at a fraction of the cost of litigation.

Sometimes, disputes are contentious enough that bringing in a neutral, disinterested, third-party can help to facilitate communication between the parties. Mediators assist the parties in crafting their own solution to the problem. Mediation can be voluntary but sometimes it is required either by statute or by contract as a pre-requisite to trial.

Arbitration is an adversarial process where a neutral arbitrator presides over a trial like proceeding and renders a decision. Like mediation, arbitration can be voluntary or in some cases required by statute or contract. Arbitrations can also be binding or non-binding subject only to a limited right of court review.

Litigation is the adversarial process where disputes are resolved by a judge or jury. This is the most costly and often the most time consuming method for resolving a dispute. Depending upon the facts and circumstances it may be the only option for a party seeking to remedy a dispute.

Litigation Matters*

  • $900,000 for solar energy developer in a breach of contract case
  • $155,000 for corporation in an asset purchase agreement breach of contract case
  • $80,000 for husband and wife with soft-tissue injuries when hit by a drunk driver
  • $75,000 for corporation in beach of contract case
  • $50,000 for employee in compensation dispute
  • Avoided liability in non-monetary settlement for defendant in federal trademark infringement case

*Past results do not guarantee future outcomes.

Get a Head Start

Let the attorneys at Lodestone Legal Group assist and advise you or your business as you navigate your potential conflict. Often, engaging an attorney early in the dispute process allows for the most efficient and cost effective representation which can help you feel more in control and proactive as opposed to reactive in your situation. Many clients come to our office wishing that they had sought legal advice sooner. Call or email us if you would like to set up a free initial consultation with one of our attorneys.

Disclaimer

The information and materials available at this web site are for informational purposes only and not intended for the purpose of providing legal advice. You should contact an attorney for advice with respect to any particular issue or problem. Accessing this website, the material posted on this website, the email links contained within this site do not create an attorney-client relationship between Lodestone Legal Group and the user. The opinions expressed on this site are the opinions of the individual author and may not represent the opinions of the firm or any individual attorney.

General Sessions or Circuit Court?

Clients often ask “What’s the difference between General Sessions Court and Circuit Court? Are there advantages to filing a lawsuit in one over the other? In Tennessee, the General Sessions Court is a court of limited jurisdiction which varies from county to county based on local statutes. In civil matters, General Sessions courts can try cases where the amount of alleged harm or damages not more than $25,000. General Sessions courts often handle criminal misdemeanors and some preliminary matters in more serious criminal cases. Alternatively, the Circuit Court is the trial court of general jurisdiction in Tennessee.

read more >

Commercial Lease Litigation Update

It is not uncommon for a commercial landlord to require a personal guarantee on the lease for a commercial tenant especially for young businesses and start-ups. The courts in Tennessee have been wrestling with the issue of personal guarantees in commercial leases and just this past week the Tennessee Supreme Court issued an opinion in the case of MLG Enterprises, LLC v. Richard L. Johnson which provides some guidance on what commercial landlords must do to ensure an enforceable personal guarantee.

read more >

Probate Basics in Tennessee

The term probate, as it is used commonly today, refers to the court supervised process of transferring property from a deceased person’s estate to the individual or entity that is legally entitled to receive it. State law governs how the probate process is handled, and the laws can vary greatly from state to state. This article answers some of the questions about probate we hear from our Tennessee clients.

read more >