Cases

Sloan v. Nat’l Healthcorp, L.P., 2006 Tenn. App. LEXIS 580 (Tenn. Ct. App. 2006)

When defendant answered the complaint it alleged the dispute was subject to arbitration and asked for a jury trial. After four months of discovery, Defendant moved to compel arbitration. The trial court denied the motion ruling that Defendant could not withdraw its jury demand without Plaintiffs’ consent. On appeal, the court found that Defendant could make alternative demands in its complaint without running afoul of Tenn. R. Civ. Pro. 38.05 because when the answer was filed it did not know whether the arbitration provision would be enforceable. Decided: August 30, 2006.

Note: Tenn. R. Civ. P. 38.05 provides: The failure of a party to make demand as required by this rule constitutes a waiver by the party of trial by jury. A demand for trial by jury as herein provided may not be withdrawn without the consent of all parties as to whom issues have been joined.

Published by
David McGuffey

Recent Posts

Getting a recorded statement introduced in evidence

Elder law attorneys sometimes find themselves in various types of litigation ranging from guardianship cases,…

1 week ago

2027 Social Security COLA

Today the Social Security Administration announced the Cost of Living Adjustment for next year, posting…

2 weeks ago

Good Lawyers Solve Problems, They Don’t Create Them

Years ago I had the pleasure of knowing Arvin Reingold, a Chattanooga lawyer. He was…

4 weeks ago

Stock Research

When you're looking at investing, there is no substitute for qualified competent advice. Having said…

1 month ago

My Views on Investing

My thoughts on investing may or may not help you. I don't claim to be…

2 months ago

Amount of compensation; multiple conservators; forfeiture; renunciation; O.C.G.A. § 29-5-50

Compensation of the Conservator is generally addressed at O.C.G.A. § 29-5-50. There, the Code provides:…

4 months ago