Chattanooga litigation attorneys

chattanooga litigation attorneys

The firm has an active litigation practice in Tennessee and Georgia with significant experience in state and federal jury trials, bench trials, administrative proceedings, and Alternative Dispute Resolution venues including arbitration and mediation.

Alternative Dispute Resolution:
This firm frequently engages in various forms of alternative dispute resolution, including judicial and non-judicial mediation and arbitration. Frequent areas of mediation and arbitration include construction disputes, domestic matters, and commercial litigation.

Bankruptcy and Creditors’ Rights: This firm represents creditors, trustees, and asset purchasers in commercial and consumer bankruptcy proceedings throughout Tennessee and Georgia. We also represent lending institutions and other creditors in commercial and consumer matters in State, Federal, and U.S. Bankruptcy courts throughout Tennessee and Georgia, including eviction and dispossessory actions, enforcement of security interests, litigation, Fair Debt Collection Practices Act litigation, and foreclosures of liens on real and personal property.

Commercial: Our attorneys represent all parties in commercial disputes relating to real property, lending and other commercial transactions, shareholder disputes, business divisions, landlord/tenant disputes, commercial premises liability, identity theft and other privacy issues, wrongful foreclosure actions, real estate title litigation, Homeowners Association claims.

Criminal Defense: We represent those accused of violating various state or federal statutes including white-collar crimes, tax issues, felonies, and various misdemeanors including, but not limited to, DUIs, DUAs, Reckless Driving, Assault, etc.

Domestic Relations: Our attorneys represent individual clients in all manner of domestic relations cases. Our representation includes litigation of divorce, child custody, guardianship actions, paternity actions, termination of parental rights cases, and adoptions. Our domestic representation also includes defending dependency and neglect proceedings in juvenile court, assisting with the post-divorce enforcement or modification of spousal and child support awards, and assisting with the enforcement of foreign divorce and child custody orders. We negotiate and draft prenuptial agreements and pre-marital estate planning and asset management, as well as post-matrimonial agreements and planning. We also prepare and negotiate Qualified Domestic Relations Orders relating to various retirement accounts.

Estate Litigation: Members of the firm have actively engaged in estate-related litigation resulting from breach of fiduciary duty, undue influence, and fraudulent diversion of assets. Additionally, members of the firm have successfully asserted on behalf of Widows and defended on behalf of Estate beneficiaries Elective Share, Homestead and Year’s Support claims. Finally, members of the firm have assisted clients with other contested probate matters.

Personal Injury and Insurance Defense: The firm carefully considers and evaluates every personal injury case in which our services are sought. We have over 75 years combined experience in handling a variety of personal injury litigation in the Tennessee and Georgia. Consultation requires a pre-approval from the firm and, to the extent possible at the time of initial consultation, the firm also requires the client to: (1) provide to the firm all liability information including accident reports, and (2) provide all damage information and medical bills at the time of consultation. Pursuant to the Rules of Professional Conduct in effect for lawyers in the State of Tennessee and Georgia, the client is responsible for all costs incurred in the prosecution of the claim. The client and the firm must execute an agreement establishing the scope and terms of the firm’s engagement at the time the firm makes the decision to represent the client after evaluation of the matter.

Real Estate Litigation: We have extensive experience in the litigation of title matters, including quiet title actions, boundary disputes, easement creation and enforcement, and lien priority. This firm also represents commercial property owners and residential property management companies with regard to their landlord/tenant disputes and management. We frequently represent homeowners associations in the enforcement of their bylaws developers with regard to the enforcement of covenants and restrictions in planned developments. We have also had the opportunity to assist Owners with First Amendment issues that arise from time to time regarding picketing by collective bargaining units (labor unions), “free speech”, “free speech zones” and corollary related issues. We have represented owner/developer clients who have been the target of prohibited and inappropriate activity (secondary boycotting/picketing) by collective bargaining units, including labor unions, and does who have had illegal and spurious ULP claims made against them.

Selected Decisions:

  • Arnold v. Gouvista, 735 S.W.2d 458 (Tenn. App. 1987);
  • Paty v. Herb Adcox Chevrolet Co., 756 W.W.2d 697 (Tenn. App. 1988);
  • In Re: Countrywood Investment Group, Ltd., 117 BR 338 (Bkrtcy. M.D. Tenn. 1989);
  • Peoples Bank of Elk Valley v. ConAgra Poultry Co., 832 S.W.2d 550 (Tenn. App. 1991);
  • Wamp v. Tennessee State Board of Architectural and Engineering Examiners, 868 S.W.2d 273 (Tenn. 1993);
  • Penn Mutual Life Insurance Company v. Cleveland Mall Associates and CBL & Associates, Inc., 841 F. Supp 715 (E.D. Tenn. 1996);
  • Union Planters National Bank v. Crook, 484 S.E. 327 (Ga. App. 1997);
  • ABC Supply Company, Inc. v. U.S. Fidelity and Guaranty Company, 1997 WL 764482 (Tenn. App. 1997);
  • Swanson v. Swanson, 514 S.E.2d 822, (Ga. 1999);
  • Layne v. Taylor, 2000 WL 688713 (Tenn. App. 2000);
  • Lost Mountain Development Co. v. Rufus King, 2006 Tenn. App. Lexis 810;
  • Dillard Construction, Inc. v. Havron Contracting Corp., 2010 Tenn. App. Lexis 732;
  • Wagner v. Fleming, 139 S.W. 3d 295 (Tenn. App. 2003);
  • Union Planters National Bank v. Pirtle, 1993 Tenn. App. Lexis 120;
  • City of Tullahoma v. Bedford County, 1995 Tenn. App. Lexis 507;
  • Lee Highway & Associates, L.P. v. Pryor Bacon Co., 1995 Tenn. App. Lexis 670;
  • First Tennessee Bank v. Webb, 1998 Tenn. App. Lexis 877;
  • Laney v. Oldham, 2001 Tenn. App. Lexis 778;
  • Hicks v. Brown Galvanizing Co., 1997 Tenn. App. Lexis 466

Our Litigation Attorneys

© Duncan, Hatcher, Holland & Fleenor, PC.
1418 McCallie Avenue, Chattanooga, TN 37404
423-266-2207 ph  /  423-265-8907 fx

No attorney-client relationship is established by contacting the firm, and no confidential information should be sent via the internet.