Here are some of the cases Jack has worked on in the past few years:
Home Owner vs. Builder - representing the Builder against claims of breach of contract, defective construction, misrepresentation and violaltion of the consumer protection act, Jack's client won at trial before a jury.
Home Owner vs. Builder and Construction Lender - representing the Home Owner, Jack's clients reached a settlement with both the builder and lender on claims of breach of contract and defective construction
Material Supplier vs. Home Owner - representing the material supplier, Jack's client sold materials to the builder, who did not pay and then went bankrupt. Material supplier sued the Home Owner on the theory of unjust enrichment. Jack's client won on the question of liability on summary judgment. Hearing on damages and appeal of summary judgment determination pending.
Home Buyer vs. Home Seller - representing the Home Buyer, Jack's client sued the Home Seller for defects in the home's condition that were not disclosed at the sale. Non-jury trial ended in favor of Jack's client.
Home Owner vs. Home Inspector - representing the Home Inspector against claims of negligence, Jack's client won a non-jury trial.
Home Owner vs Home Inspector - representing the Home Owner, Jack's client won at summary judgment on the question of liability against the Home Inspector's negligence, then reached a settlement on damages.
Builder vs. Home Owner - representing the Builder, Jack's client signed a contract with a Home Owner. Before project started, Home Owner backed out. On summary judgment, Jack's client won on the question of liability on breach of contract, then won a damage judgment at a later hearing.
Property Owner vs. Property Owner - representing Property Owners against other Property Owners of the same development on claims of violation of restrictive covenants, Jack's clients won on summary judgment. The opposing parties were enjoined from further violations of the restrictive covenants. A settlement was reached on a companion case.
Home Owner vs. Home Seller and Real Estate Agent - Jack's client purchased a home represented to be without defects. Later, client discovered extensive termite damage in crawl space of home, as well as in exterior walls of home. Client sued Seller and real estate agent for misrepresentation, and sued the agent under Tennessee Consumer Protection Act, also. Cased settled in client's favor in mediation.
Consumer vs. RV Vendor - representing the consumer, Jack sued the vendor on breach of contract and other issues. Vendor attempted to force the suit into arbitration. Jack won argument before Court to keep suit in state Court. Settlement reached in consumer's favor.
Homeowner vs. Builder - representing the home owner, Jack's client sued their builder for defective construction of a retaining wall. Case settled in mediation in home owner's favor.
Housing Authority v. Roofing Contractor - representing a local housing authority, the authority sued a roofing contractor that re-roofed several multi-family units. Case settled in mediation in authority's favor.
Material Supplier v. Builder - representing the material supplier, the supplier sued a builder for an unpaid account. In addition, the suppler sued to have a transfer of real estate by builder set aside as a fraudulent conveyance. Jack's client won at a trial before a Judge and later reached a settlement of the judgment.
Builder v. Prospective Customer - representing the builder, Jack's client sued the prospective customer on an "unjust enrichment" theory after the builder provided services far exceeding typical project cost estimating and bidding. Court without a jury found in favor of builder.
Various Clients v. Credit Card Companies - representing debtors against credit card companies, Jack has been able to settle many accounts for a small fraction of the amount claimed by the creditor.
Disclaimer: The description of the above cases is intended only to illustrate the types of cases Jack has experience with. Your case may differ in critical facts or the application of the law to those facts. Therefore, your case may have a different outcome. R. Jack Atkins is not certified as a specialist by the Tennessee Commission on Continuing Legal Education and Specialization in the areas of practice listed.