Charles M. Weirich
Chuck has over 28 years of experience in Civil Litigation representing individuals and businesses as plaintiffs and defendants in state and federal courts. He also has considerable experience in Wills & Probate, Franchise Law, and Business Organizations.
Chuck began his practice in 1990 with a large Memphis firm. Since then, he has practiced in a number of small firm settings in Shelby County. Most recently he operated as Weirich Law Firm. Chuck’s civil litigation cases have ranged from simple automobile negligence claims to complex commercial disputes. In addition to litigation, Chuck has organized many corporations and LLCs, and he has prepared Franchise Disclosure Documents (formerly known as UFOCs) for the sale of franchises.
PREMISES LIABILITY DEFENDANT/EXPERT TESTIMONY: Plaintiff was a middle aged, gainfully employed maintenance supervisor of a property management company. While inspecting the status of a roof repair, he fell 18 feet off the stationary ladder of a strip mall. The fall broke multiple bones in his hand and arm and left him with constant, severe pain rendering him permanently disabled. He had several hundred thousand dollars of medical expenses by the time he filed suit against the building’s owner contending that the stationary ladder, which was not fabricated and mounted to ANSI standards, caused his fall. Chuck defended the building owner. Using a ladder expert from Charleston (SC), he introduced enough doubt about liability to settle it at mediation for only slightly more than medical expenses.
INJUNCTIONS/ELECTRONIC FUNDS TRANSFER/CONTRACT: Chuck’s client, a businessman from New Mexico, became entangled in litigation here when issues arose over the ownership of $5,000,000 he transferred by wire to a Memphis title and escrow company pursuant to oral instructions. A large firm here enjoined the return of the money claiming it was earnest money for a transaction that failed to materialize. Using his knowledge of Rule 65 and injunction law, Chuck immediately turned up the heat by moving for a bond increase. When the plaintiff scraped together the bond, Chuck then filed a comprehensive motion for summary judgment and a separate motion to dissolve the injunction. He persisted in having the motions heard quickly. After just a few months and with the hearings looming, the plaintiff agreed to release $2,500,000 in exchange for a short continuance. Ultimately, through Chuck’s efforts, all but $300,000 was returned to his client.
PREMISES LIABILITY PLAINTIFF/EXPERT TESTIMONY: Chuck’s client was a vibrant 60 year old local businesswoman. She and her best friend went to shop at a retail strip mall two days after a winter snowfall. On her way into the store, she slipped on ice that had not been removed since the snowfall. She broke both bones in her ankle. It required two surgeries and over a year to begin getting back to normal. Her injury still hurt and limited her after the second surgery. Her medical expenses totaled approximately $80,000. Early in the case, Chuck deposed the corporate representative for the out of town owner. During the deposition, he elicited an admission that after it purchased the building two years prior, it terminated a snow and ice removal service and simply relied on calls from tenants complaining about such issues. After hiring an economist to calculate the plaintiff’s lost income, past and future, the case, which the mediator called “just a broken ankle case”, settled for $400,000.
CLASS ACTIONS/REAL ESTATE CLOSING FEES/CONSUMER PROTECTION ACT: Chuck’s client was a real estate closing company. It had multiple locations in Tennessee. Experienced class action attorneys filed a class action against the client claiming that all its Tennessee locations were charging lien release fees in excess of the statutory maximum. Chuck began investigating immediately and found that the allegations were partly accurate. After researching the claims, particularly the TN Consumer Protection Act claim, Chuck filed an answer raising defenses which affected the likelihood of a large recovery. Next, he pushed for early mediation. At mediation, Chuck assisted the client in negotiating a low six figure settlement that saved it hundreds of thousands of dollars in litigation costs and damages.
University of Memphis
University of Memphis
MEMBERSHIPS AND ACCOLADES
- Memphis Bar Association
- Tennessee Bar Association
- American Bar Association
- Fellow of Memphis Bar Foundation