American rule in Tennessee

2026With regard to attorney’s fees, Tennessee “adheres to the ‘American rule.’” Cracker Barrel Old Country Store, Inc. v. Epperson, 284 S.W.3d 303, 308 (Tenn. 2009).

2026“Under the American rule, ‘a party in a civil action may recover attorney fees only if: (1) a contractual or statutory provision creates a right to recover attorney fees; or (2) some other recognized exception to the American rule applies, allowing for recovery of such fees in a particular case.’” Individual Healthcare Specialists, Inc. v. BlueCross - 12 - BlueShield of Tennessee, Inc., 566 S.W.3d 671, 705 (Tenn. 2019) (quoting Cracker Barrel, 284 S.W.3d at 308 ).

2022ANALYSIS Tennessee common law as to attorney fees aligns with the “American rule,” under which “a party in a civil action may recover attorney fees only if: (1) a contractual or statutory provision creates a right to recover attorney fees; or (2) some other recognized exception to the American rule applies, allowing for recovery of such fees in a particular case.” Cracker Barrel Old Country Store, Inc. v. Epperson, 284 S.W.3d 303, 308 (Tenn. 2009) (citing Taylor v. Fezell, 158 S.W.3d 352, 359 (Tenn. 2005); John Kohl & Co. P.C. v. Dearborn & Ewing, 977 S.W.2d 528, 534 (Tenn. 1998)). 11 Mr. Hast

2022ANALYSIS Tennessee common law as to attorney fees aligns with the “American rule,” under which “a party in a civil action may recover attorney fees only if: (1) a contractual or statutory provision creates a right to recover attorney fees; or (2) some other recognized exception to the American rule applies, allowing for recovery of such fees in a particular case.” Cracker Barrel Old Country Store, Inc. v. Epperson, 284 S.W.3d 303, 308 (Tenn. 2009) (citing Taylor v. Fezell, 158 S.W.3d 352, 359 (Tenn. 2005); John Kohl & Co. P.C. v. Dearborn & Ewing, 977 S.W.2d 528, 534 (Tenn. 1998)). 11 Mr. Hast

2025“Under the American rule, ‘a party in a civil action may recover attorney fees only if: (1) a contractual or statutory provision creates a right to recover attorney fees; or (2) some other recognized exception to the American rule applies, allowing for recovery of such fees in a particular case.’” In Cracker Barrel [Old Country Store, Inc. v. Epperson], [the Tennessee Supreme] Court held that, “[i]n the context of contract interpretation, Tennessee allows an exception to the American rule only when a contract specifically or expressly provides for the recovery of attorney fees.” . . . 284 S.W.

2025“Under the American rule, ‘a party in a civil action may recover attorney fees only if: (1) a contractual or statutory provision creates a right to recover attorney fees; or (2) some other recognized exception to the American rule applies, allowing for recovery of such fees in a particular case.’” In Cracker Barrel [Old Country Store, Inc. v. Epperson], [the Tennessee Supreme] Court held that, “[i]n the context of contract interpretation, Tennessee allows an exception to the American rule only when a contract specifically or expressly provides for the recovery of attorney fees.” . . . 284 S.W.

2026Under the American rule, “litigants must pay their own attorney’s fees unless there is a statute or contractual provision providing otherwise.” Taylor, 158 S.W.3d at 359 .

2026Under the American rule, “litigants must pay their own attorney’s fees unless there is a statute or contractual provision providing otherwise.” Taylor, 158 S.W.3d at 359 .

2025“Under the American rule, ‘a party in a civil action may recover attorney fees only if: (1) a contractual or statutory provision creates a right to recover attorney fees; or (2) some other recognized exception to the American rule applies, allowing for recovery of such fees in a particular case.’” In Cracker Barrel [Old Country Store, Inc. v. Epperson], [the Tennessee Supreme] Court held that, “[i]n the context of contract interpretation, Tennessee allows an exception to the American rule only when a contract specifically or expressly provides for the recovery of attorney fees.” . . . 284 S.W.

2025“Under the American rule, ‘a party in a civil action may recover attorney fees only if: (1) a contractual or statutory provision creates a right to recover attorney fees; or (2) some other recognized exception to the American rule applies, allowing for recovery of such fees in a particular case.’” In Cracker Barrel [Old Country Store, Inc. v. Epperson], [the Tennessee Supreme] Court held that, “[i]n the context of contract interpretation, Tennessee allows an exception to the American rule only when a contract specifically or expressly provides for the recovery of attorney fees.” . . . 284 S.W.

2010Tennessee adheres to the well-established “American rule,” which provides that “litigants pay their own attorney’s fees absent a statute or an agreement providing otherwise.” State v. Brown & Williamson Tobacco Corp., 18 S.W.3d 186, 194 (Tenn. 2000); see also Taylor v. Fezell, 158 S.W.3d 352, 359 (Tenn. 2005).

2008The American rule, which has been described by this Court as “firmly established in this state,” State v. Brown & Williamson Tobacco Corp., 18 S.W.3d 186, 194 (Tenn.2000), is based on several public policy considerations.

2025“Under the American rule, ‘a party in a civil action may recover attorney fees only if: (1) a contractual or statutory provision creates a right to recover attorney fees; or (2) some other recognized exception to the American rule applies, allowing for recovery of such fees in a particular case.’” In Cracker Barrel [Old Country Store, Inc. v. Epperson], [the Tennessee Supreme] Court held that, “[i]n the context of contract interpretation, Tennessee allows an exception to the American rule only when a contract specifically or expressly provides for the recovery of attorney fees.” . . . 284 S.W.

2025“Under the American rule, ‘a party in a civil action may recover attorney fees only if: (1) a contractual or statutory provision creates a right to recover attorney fees; or (2) some other recognized exception to the American rule applies, allowing for recovery of such fees in a particular case.’” In Cracker Barrel [Old Country Store, Inc. v. Epperson], [the Tennessee Supreme] Court held that, “[i]n the context of contract interpretation, Tennessee allows an exception to the American rule only when a contract specifically or expressly provides for the recovery of attorney fees.” . . . 284 S.W.

2018See, e.g., Olson v. Fraase, 421 N.W.2d 820, 828-29 (N.D. 1988); Began v. Dixon, 547 A.2d 620, 624-25 (Del.

2018See, e.g., Olson v. Fraase, 421 N.W.2d 820, 828-29 (N.D. 1988); Began v. Dixon, 547 A.2d 620, 624-25 (Del.

2018See, e.g., Olson v. Fraase, 421 N.W.2d 820, 828-29 (N.D. 1988); Began v. Dixon, 547 A.2d 620, 624-25 (Del.

2018See, e.g., Olson v. Fraase, 421 N.W.2d 820, 828-29 (N.D. 1988); Began v. Dixon, 547 A.2d 620, 624-25 (Del.

2016State v. Menzies, 889 P.2d 393, 399 (Utah 1994) (quoting John Hanna, The Role of Precedent in Judicial Decision, 2 Vill.

2016Rye, 477 S.W.3d at 263 -64 (citing Dupuis v. Hand, 814 S.W.2d 340, 345 (Tenn.1991); Hanover v. Ruch, 809 S.W.2d 893, 896 (Tenn.1991)); see also State v. Menzies, 889 P.2d 393, 399 (Utah 1994) (“The general American doctrine as applied to courts of last resort is that a court is not inexorably bound by its own precedents but will follow the rule of law which it has established in earlier cases, unless clearly convinced that the rule was originally erroneous ... and that more good than harm will come by departing from precedent.” (citing John Hanna, The Role of Precedent in Judicial Decision, 2

2014Taylor v. Fezell, 158 S.W.3d 352, 359 (Tenn. 2005); Fifth Third Co. v. Mooreland Estates Homeowners Ass’n, 639 S.W.2d 292, 298 (Tenn. Ct. App. 1982); Goings v. Aetna Casualty & Surety Company, 491 S.W.2d 847 (Tenn. Ct. App. 1972).

2014Taylor v. Fezell, 158 S.W.3d 352, 359 (Tenn. 2005); Fifth Third Co. v. Mooreland Estates Homeowners Ass’n, 639 S.W.2d 292, 298 (Tenn. Ct. App. 1982); Goings v. Aetna Casualty & Surety Company, 491 S.W.2d 847 (Tenn. Ct. App. 1972).

2008See Boeing Co. v. Van Gemert, 444 U.S. 472 , 100 S.Ct. 745 , 62 L.Ed.2d 676 (1980) (applying the common fund doctrine to a class action).

2008See Boeing Co. v. Van Gemert, 444 U.S. 472 , 100 S.Ct. 745 , 62 L.Ed.2d 676 (1980) (applying the common fund doctrine to a class action).

2007Morrow v. Bobbitt, 943 S.W.2d 384, 392 (Tenn. Ct. App. 1996).

2007Morrow v. Bobbitt, 943 S.W.2d 384, 392 (Tenn. Ct. App. 1996).

1943So [continues the author], if property is given to trustees to be applied by them to the support of the cestui que trust and his family, or to be paid over to the cestui que trust for the support of himself and the education and maintenance of his children.” In the 7th edition of the text, section 386-A, page 651 it is said: ‘ ‘ The American doctrine rests upon the ground that a right to receive income of a trust fund is not necessarily an interest in the fund itself.” The same view is expressed in Henson v. Wright, 88 Tenn., 501, 507 , 12 S. W., 1035, 1036 , in an opinion by Justice Lurton wh

1943So [continues the author], if property is given to trustees to be applied by them to the support of the cestui que trust and his family, or to be paid over to the cestui que trust for the support of himself and the education and maintenance of his children.” In the 7th edition of the text, section 386-A, page 651 it is said: ‘ ‘ The American doctrine rests upon the ground that a right to receive income of a trust fund is not necessarily an interest in the fund itself.” The same view is expressed in Henson v. Wright, 88 Tenn., 501, 507 , 12 S. W., 1035, 1036 , in an opinion by Justice Lurton wh

2026“Under the American rule, ‘a party in a civil action may recover attorney fees only if: (1) a contractual or statutory provision creates a right to recover attorney fees; or (2) some other recognized exception to the American rule applies, allowing for recovery of such fees in a particular case.’” Individual Healthcare Specialists, Inc. v. BlueCross - 12 - BlueShield of Tennessee, Inc., 566 S.W.3d 671, 705 (Tenn. 2019) (quoting Cracker Barrel, 284 S.W.3d at 308 ).

2026“Under the American rule, ‘a party in a civil action may recover attorney fees only if: (1) a contractual or statutory provision creates a right to recover attorney fees; or (2) some other recognized exception to the American rule applies, allowing for recovery of such fees in a particular case.’” Individual Healthcare Specialists, Inc. v. BlueCross - 12 - BlueShield of Tennessee, Inc., 566 S.W.3d 671, 705 (Tenn. 2019) (quoting Cracker Barrel, 284 S.W.3d at 308 ).

2021Under Tennessee law, “‘[o]ne who through the tort of another has been required to act in the protection of his interests by bringing or defending an action against a third person is entitled to recover reasonable compensation for loss of time, attorney fees and other expenditures thereby suffered or incurred in the earlier action.’” Engstrom v. Mayfield, 195 F. App’x 444, 451 (6th Cir.2006) (emphasis added) (quoting Pullman Standard, Inc. v. Abex Corp., 693 S.W.2d 336, 340 (Tenn.1985)).

2021Under Tennessee law, “‘[o]ne who through the tort of another has been required to act in the protection of his interests by bringing or defending an action against a third person is entitled to recover reasonable compensation for loss of time, attorney fees and other expenditures thereby suffered or incurred in the earlier action.’” Engstrom v. Mayfield, 195 F. App’x 444, 451 (6th Cir.2006) (emphasis added) (quoting Pullman Standard, Inc. v. Abex Corp., 693 S.W.2d 336, 340 (Tenn.1985)).

2021Co. v. Wilderness Soc’y, 421 U.S. 240, 247 (1975).

2021Co. v. Wilderness Soc’y, 421 U.S. 240, 247 (1975).

2020Still, this exception to the American rule is “narrow”; to recover attorney’s fees, “the litigant must prove the elements of a libel of title action, including malice, before an award of legal fees is appropriate.” Brooks v. Lambert, 15 S.W.3d 482, 485 (Tenn. Ct. App. 1999).

2020Still, this exception to the American rule is “narrow”; to recover attorney’s fees, “the litigant must prove the elements of a libel of title action, including malice, before an award of legal fees is appropriate.” Brooks v. Lambert, 15 S.W.3d 482, 485 (Tenn. Ct. App. 1999).

2019There are, however, recognized exceptions to the American rule; indeed, “a party in a civil action may recover attorney fees only if: (1) a contractual or statutory provision creates a right to recover attorney fees; or (2) some other recognized exception to the American rule applies, allowing for recovery of such fees in a particular case.” Id. (citing John Kohl, 977 S.W.2d at 534 ; Taylor v. Fezell, 158 S.W.3d 352, 357 (Tenn. 2005)).Thus, “[i]n the context of contract interpretation, Tennessee allows an exception to the American rule only when a contract specifically or expressly provides fo

2019There are, however, recognized exceptions to the American rule; indeed, “a party in a civil action may recover attorney fees only if: (1) a contractual or statutory provision creates a right to recover attorney fees; or (2) some other recognized exception to the American rule applies, allowing for recovery of such fees in a particular case.” Id. (citing John Kohl, 977 S.W.2d at 534 ; Taylor v. Fezell, 158 S.W.3d 352, 357 (Tenn. 2005)).Thus, “[i]n the context of contract interpretation, Tennessee allows an exception to the American rule only when a contract specifically or expressly provides fo

2019“The entitlement to recover attorney’s fees . . . is limited to the situation agreed to by the parties in the contract, and the fee provision is subject to the rules of contract interpretations.” J & B Inv., 258 S.W.3d at 138 (internal citation omitted).

2019“The entitlement to recover attorney’s fees . . . is limited to the situation agreed to by the parties in the contract, and the fee provision is subject to the rules of contract interpretations.” J & B Inv., 258 S.W.3d at 138 (internal citation omitted).

2016Rye, 477 S.W.3d at 263 -64 (citing Dupuis v. Hand, 814 S.W.2d 340, 345 (Tenn.1991); Hanover v. Ruch, 809 S.W.2d 893, 896 (Tenn.1991)); see also State v. Menzies, 889 P.2d 393, 399 (Utah 1994) (“The general American doctrine as applied to courts of last resort is that a court is not inexorably bound by its own precedents but will follow the rule of law which it has established in earlier cases, unless clearly convinced that the rule was originally erroneous ... and that more good than harm will come by departing from precedent.” (citing John Hanna, The Role of Precedent in Judicial Decision, 2

2016Orr v. Thomas, 585 S.W.2d 606, 607 (Tenn. 1979)).

2016Orr v. Thomas, 585 S.W.2d 606, 607 (Tenn. 1979)).

2016Rye, 477 S.W.3d at 263 -64 (citing Dupuis v. Hand, 814 S.W.2d 340, 345 (Tenn.1991); Hanover v. Ruch, 809 S.W.2d 893, 896 (Tenn.1991)); see also State v. Menzies, 889 P.2d 393, 399 (Utah 1994) (“The general American doctrine as applied to courts of last resort is that a court is not inexorably bound by its own precedents but will follow the rule of law which it has established in earlier cases, unless clearly convinced that the rule was originally erroneous ... and that more good than harm will come by departing from precedent.” (citing John Hanna, The Role of Precedent in Judicial Decision, 2

2016“Generally, the courts may award all damages which are the normal and foreseeable results of a breach of contract.” Morrow v. Jones, 165 S.W.3d 254, 259 (Tenn. Ct. App. 2004) (citing Wills Elec.

2016“Generally, the courts may award all damages which are the normal and foreseeable results of a breach of contract.” Morrow v. Jones, 165 S.W.3d 254, 259 (Tenn. Ct. App. 2004) (citing Wills Elec.

2013See Waters v. Farr, 291 S.W.3d 873, 882 (Tenn. 2009). -11- Tennessee abides by the “American rule” regarding the payment of attorney fees.