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Mr. James Charles Wright

Mr. James Charles Wright

Butler, Vines and Babb
  • Personal Injury, Business Law, Appeals & Appellate ...
  • Tennessee
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Biography

Mr. Wright was born in Murfreesboro, Tennessee. He attended Middle Tennessee State University (B.S., summa cum laude, 1977); the University of Tennessee (J.D., 1980). He was honored with the Order of the Coif and served on the Tennessee Law Review. Mr. Wright's father was a lawyer so he grew up working in his Dad's office. He is admitted to the United Supreme Court Bar as well as all Tennessee State and Federal Courts. He is also admitted before the Sixth Circuit and Fourth Circuit Bar as well as the U.S. Court of Claims. His practice is varied covering a broad spectrum of matters. Author credits include: Tennessee Current Legal Summaries. Co-Author: Avoiding Environmental Liability in Tennessee; Hazardous Waste in Tennessee. Mr. Wright was the Distinguished Alumni Speaker - University of Tennessee College of Law 2008 Commencement. He has been selected as a Mid-South Super Lawyer and has been selected and listed in a listing of Knoxville's best attorneys. He is AV rated and has been selected as one of the 10 best attorney's in Tennessee in client satisfaction. He has also been selected as one of the top 1% of lawyers in America by the National Association of Distinguished Counsel. The firm as a whole has been noted as a U.S. News Best Law Firms in America and as a top law firm in Fortune Magazine. Mr. Wright is a past Chair of the Tennessee Bar Association Tort and Insurance Practice Section. He has been on the Executive Committee of the Tennessee Bar Association Section on Environmental Law since the founding of the Section and is a past Chair of the Section. He is the Co-Chair of the Knoxville Bar Association Environmental Law Section. Mr. Wright served as lead State Chair for Tennessee for the Claims and Litigation Management Alliance and as an Education Committee Chair. Mr. Wright is a member of the American Inns of Court - Hamilton Burnett Chapter.

Practice Areas
    Personal Injury
    Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
    Appeals & Appellate
    Civil Appeals, Federal Appeals
    Construction Law
    Construction Contracts, Construction Defects, Construction Liens, Construction Litigation
    Environmental Law
    Insurance Defense
Additional Practice Area
  • General Civil
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
  • Rates, Retainers and Additional Information
    Fee arrangements are negotiable with the client to meet the client's needs. Work can be done on an hourly basis, by the project or task or on a contingent fee or cost savings basis.
Jurisdictions Admitted to Practice
Tennessee
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6th Circuit
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U.S. Supreme Court
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Languages
  • English: Spoken, Written
Professional Experience
Partner
Butler, Vines and Babb
- Current
Education
University of Tennessee - Knoxville
J.D.
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Honors: Order of the Coif Graduate
University of Tennessee - Knoxville Logo
University of Tennessee - Knoxville
J.D.
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Honors: Order of the Coif Graduate
University of Tennessee - Knoxville Logo
Awards
Best Lawyers in America listing
U.S. News and World Reports
AV Rating
Martindale Hubbell
The AV rating is the highest rating awarded. This based upon reviews by lawyers and judges.
Top 1% of Lawyers in America
The National Association of Distinguished Counsel
Top 1% of Lawyers in America
American Institute of Legal Counsel
Mid-South Super Lawyer
Super Lawyers
Professional Associations
Claims and Litigation Management Alliance
Member
- Current
Activities: Mr. Wright has served: Education Committee and as a State Chair. Mr.Wright also has a CLMP designation from CLM. He has spoken at the annual conference.
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Tennessee State Bar  # 009285
Member
- Current
Activities: Mr. Wright has was a founding member of the Environmental Law Section. He has also served as The Chair of the Section Mr. Wright has also chaired the Section on Torts and Insurance Practice.
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Publications
Articles & Publications
Tennessee Current Legal Summaries
Butler, Vines and Babb
Speaking Engagements
Ethics Update, Show of the South, Chattanooga
TBA
Moderated a three hour ethics update.
Certifications
CLMP
Claims and Litigation Management Alliance
Websites & Blogs
Website
Website
Legal Answers
320 Questions Answered
Q. Signed contract to sell house.
A: I am so sorry for your loss, and you are in my prayers- I have not lost a spouse- so I cannot appreciate fully your loss.

As to your question- you have done well not to post on the internet a lot of details - but at the same time without more details, it is hard to give much help. The answer based upon what you have provided so far is -unfortunately - it depends. Someone will need to review the contract and the circumstances. Depending on the terms and conditions you may have a way "out."
Q. What family members have right to sue for wrongful death in Tennessee?
A: I am very sorry for your loss. The statutory answer is in the below statute. I would suggest creating an estate and having the personal representative file any action. Beyond this Tennessee has a one-year statute of limitations. So be careful and don't let the time run on a claim.

20-5-106. Injury resulting in death — Succession to cause of action — Beneficiaries.

(a) The right of action that a person who dies from injuries received from another, or whose death is caused by the wrongful act, omission, or killing by another, would have had against the wrongdoer, in case death had not ensued, shall not abate or be extinguished by the person's death but shall pass to the person's surviving spouse and, in case there is no surviving spouse, to the person's children or next of kin; to the person's personal representative, for the benefit of the person's surviving spouse or next of kin; to the person's natural parents or parent or next of kin if at the time of death decedent was in the custody of the natural parents or parent and had not been legally surrendered or abandoned by them pursuant to any court order removing such person from the custody of such parents or parent; or otherwise to the person's legally adoptive parents or parent, or to the administrator for the use and benefit of the adoptive parents or parent; the funds recovered in either case to be free from the claims of creditors.

(b) In any case involving a beneficiary who is a minor or who is legally incompetent, if the court finds it is in the best interest of the beneficiary, the court in its discretion may authorize all or any portion of the funds recovered for the beneficiary to be added to any trust or trusts established for the benefit of the beneficiary, wherever situated, whether the trust was created by the person whose death was caused by the wrongful action or omission or by any other person. The funds recovered shall be for the benefit of the beneficiary and shall be free from the claims of creditors.

(c)

(1) Notwithstanding any other law to the contrary, the right to institute and the right to collect any proceeds from a wrongful death action granted by this section to a surviving spouse shall be waived, if the children or next of kin establish the surviving spouse has abandoned the deceased spouse as described in § 36-4-101(a)(13) or otherwise willfully withdrawn for a period of two (2) years.

(2) If the period of two (2) years has passed since the time of abandonment or willful withdrawal, then there is created a rebuttable presumption that the surviving spouse abandoned the deceased spouse for purposes of this section.

(3) In an action under this section, the child or next of kin shall serve the surviving spouse with process as provided in the rules of civil procedure or by constructive service as may otherwise be provided by law.

(d) As used in this section, the word “person” includes an unborn child at any stage of gestation in utero.
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Q. HOA - CCRs “No Lot shall be used except for residential purposes and except for those uses permitted to the Declarant”
A: You should 1) check in your neighborhood - are there other long-term rentals? Is there a homeowner's association - confirm with them that they do not object to long term rentals and that there is not an amendment or change to the master documents.

Generally, this provision would exclude commercial use- including short term rentals. A long-term lease rental is would generally be thought of as a residential use. BUT -

you should have speak to a lawyer in regard to this to confirm.
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Main Office- East Tennessee/ Smoky Mountains Location
2701 Kingston Pike
Knoxville, TN 37919
Telephone: (865) 637-3531
Fax: (865) 637-3385
Monday: 8:30 AM - 5:30 PM
Tuesday: 8:30 AM - 5:30 PM
Wednesday: 8:30 AM - 5:30 PM
Thursday: 8:30 AM - 5:30 PM
Friday: 8:30 AM - 5 PM (Today)
Saturday: Closed
Sunday: Closed
Butler, Vines and Babb
Memphis- West Tennessee
41 Diana St.
Memphis , TN 38104
Telephone: (865) 637-3531
Monday: 8:30 AM - 5 PM
Tuesday: 8:30 AM - 5 PM
Wednesday: 8:30 AM - 5 PM
Thursday: 8:30 AM - 5 PM
Friday: 8:30 AM - 5 PM (Today)
Saturday: Closed
Sunday: Closed
108 N. Spring St.
Murfreesboro, TN, USA
Telephone: (865) 637-3531
Fax: (865) 637-3385
Monday: 8:30 AM - 4:30 PM
Tuesday: 8:30 AM - 4:30 PM
Wednesday: 8:30 AM - 4:30 PM
Thursday: 8:30 AM - 4:30 PM
Friday: 8:30 AM - 4:30 PM (Today)
Saturday: Closed
Sunday: Closed