Quote:
Originally Posted by #BROKEN Hasney
Ruh-roh. This could be the thing that destroys Corban's case. |
Definitely could, if the agreement is even found to be a valid pledge. UNLESS, TNA did not allege this as a defense in their responsive pleadings, then they will have waived this as a defense. However, the chancellor has the discretion to allow them to amend their responsive pleadings.
It was my impression that no mention was made of this issue yesterday at the pre-trial hearing. It was my impression that TNA argued that the contract did not meet the definition of a pledge and because it was not a pledge, it would be illegal under a different TN statute. I could be mistaken though and that doesn't mean it or both arguments weren't alleged in the written responsive pleadings.
Even if TNA waived this as a defense, Dixie could also file a counterclaim to still argue argue this licensing claim. Even if TNA has waived this defense in this trial and Dixie doesn't counterclaim during this trial, and Corgan wins everything, this statute would still permit Dixie to file suit for a new trial after this trial arguing this licensing claim to recover her ownership.