Some court decisions provide little instruction for future disputes. Other court decisions give you a great road map for analyzing your claims. Every now and then you find a decision where the court is split and you wonder which side is right, such as the opinion in Davis v. McGuigan (pdf), issued by the
Tennessee Consumer Protection Act Case Gives Warning to Developers, Builders and Realtors
Every construction litigator in the residential arena knows that a state’s consumer protection laws are good grounds for disputes. Will my client get treble damages? Will they recover attorney fees for deceptive trade practices? Does my client have any defenses to these types of claims?
In Fayne v. Vincent (pdf), the Supreme Court of Tennessee