Supreme Court Rules Investor Lawsuit Can Continue In Tennessee Courts

Tuesday, November 26, 2013

The Tennessee Supreme Court unanimously decided Tuesday that a lawsuit filed by an investor against a Tennessee movie start-up company could proceed in state court.

The case involves a lawsuit first filed in a California state court by Jeffrey R. Cooper against Phillip, Richard and David Glasser, claiming that they misrepresented facts to induce Mr. Cooper to invest $500,000 in their production company, Hi-Def Entertainment.

Richard Glasser moved to dismiss the suit because a portion of the contract stated that any conflicts had to be resolved in a court in Williamson or Davidson counties. Mr. Cooper voluntarily dismissed the suit and filed it in federal court in Middle Tennessee, including both federal and state claims. Then defendant Phillip Glasser moved to dismiss the suit because the deadline for filing Mr. Cooper’s federal claims had passed. Mr. Cooper again voluntarily dismissed the suit.

Mr. Cooper next filed an action in Tennessee state court on several claims that were included in both earlier suits. The defendants sought a judgment in the case based on a federal rule that precludes proceeding on a claim after two voluntary dismissals. Mr. Cooper argued that he relied on Tennessee’s rule that allows for three dismissals before barring a claim.

The Tennessee Supreme Court addressed whether state or federal law controlled in this instance. The Court determined that the voluntary federal dismissals did not decide the case on the merits and that the claims were still viable in Tennessee. Tennessee procedural rules allow for a case to be dismissed two times “without prejudice.”

“Moreover, we find no discernible reason why permitting Mr. Cooper to pursue his claims in our courts would be incompatible with federal interests,’” wrote Justice Janice M. Holder.

To read the unanimous opinion in Jeffrey R. Cooper v. Phillip Glasser et al., authored by Justice Holder, visit the Opinions section of TNCourts.gov


Business After Hours And Ridgeland High School Artists Reception Will Be May 12

The Walker County Chamber will host the Business After Hours and the Ridgeland High School Artists Reception – Hometown Teams: How Sports Shape America celebrates the connection between Amercians and sports in our heritage. The event will be at the 6th Cavalry Museum on May 12, from 4-6 p.m. Hometown Teams captures the stories that unfold on the neighborhood fields and courts, ... (click for more)

Senator David Perdue Says The Debt Crisis Is Directly Impacting The Ability To Protect The Nation

Senator David Perdue, a member of the Senate Budget and Foreign Relations Committees, on Thursday highlighted the impact the federal debt crisis is having on the country’s ability to support the military and protect the nation.   Here are highlights: Responsibly Funding The Federal Government:  “The primary role of Congress is to responsibly fund the federal ... (click for more)

Chattanooga Firefighter Arrested For Robbery Of Hixson Convenience Store

The Chattanooga Police Department has arrested a Chattanooga firefighter in connection with a robbery on Sunday morning. The firefighter has been identified as Steven Kyle Ratledge. Firefighter Ratledge was assigned to Station 19 in Hixson and has been with the department for approximately 3 1/2 years. Firefighter Ratledge has been placed on leave without pay as the investigation ... (click for more)

Rescuers Help Man After He Falls 30 Feet From Signal Bluff

Rescuers helped a man back up after he fell 30 feet on a Signal Mountain bluff on Saturday night. However, he was not seriously injured. At 11 p.m., a 911 call was made reporting the fall. Walden's Ridge Emergency Services responded to 1425 East Brow Road. When rescue personnel arrived on the scene, they reported a 25-year-old male had fallen 30 feet off the side of ... (click for more)

Being Proactive With Parkinson's Disease

Parkinson’s disease is the second most common neurodegenerative disease after Alzheimer’s and is the 14th leading cause of death in the United States. It affects an estimated one million Americans and four to six million worldwide,  There is no cure for Parkinson’s, and 60,000 new cases are diagnosed each year in the United States alone. Source: National Parkinson’s Foundation  ... (click for more)

Roy Exum: My Garden In May

Back when we were kids this day’s battle cry was, “Hooray, hooray for the First of May! Outdoor swimming starts today! With temperatures in the high 80s and we dive in to a new month, our monthly walk in a garden heavy with spring time pollen looks promising … AN ORCHID for the movie “Rocky” on its 40 th anniversary: “Let me tell you something you already know. The world ain’t ... (click for more)