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


Ellie's Fine Lingerie Recognized For "Best Interior Design"

Ellie’s Fine Lingerie in Warehouse Row was awarded top honors at the Best of Intima Awards held earlier this month in New York, N.Y. by Intima Magazine. It is the premium lingerie and beachwear publication for the U.S. and Canada. The Best of Intima Awards jury was comprised of 20 high-end brands responsible for nominating and selecting award-worthy retailers. This year’s jury selected ... (click for more)

New And Used Vehicle Sales Drop In August

New vehicle sales in Hamilton County dropped to 1,025 in August, and used vehicle sales dropped to 3,315, according to figures from the County Clerk's office. That compares to 1,031 new vehicles and 3,491 used vehicles the previous August. Totals for August included 430 new cars and 595 new trucks sold. They included 1,754 used cars and 1,561 used trucks sold. (click for more)

Rhasean Lowry, 34, Charged In Death of 3-Year-Old Girl

Rhasean Lowry, 34, was arrested for abusing a three-year-old girl, and then criminal homicide after she died. Last Tuesday, the Chattanooga Police Department was called on a suspected child abuse case. Lowry took the victim to a local hospital and he stated the victim fell down steps. Doctors advised that the victim’s injuries were the result of blunt force trauma consistent ... (click for more)

City IDB Member Who Made Motion For $9 Million Black Creek TIF Had Not Lived In City For Years

A City Industrial Development Board (IDB) member who made the motion to approve a controversial $9 million Black Creek Tax Increment Financing (TIF) had not lived in the city for years, City Attorney Wade Hinton confirmed. Chris Ramsey, a BlueCross BlueShield official, was not present at an IDB meeting on Tuesday morning. Five other board members were. Citizen Helen Burns ... (click for more)

Decimating The Chattanooga Public Library

Corinne Hill claims that the library is just undergoing a normal weeding process for eliminating books.  She has bragged that she's responsible for the elimination of over 100,000 books - with more to go. "Normal" weeding is not rampant throwing away.  Yes, books go to the Friends for their sale - where they get $2 for a $75 book and thousands wind up being recycled ... (click for more)

The Many Lessons I Learned From Helen McDonald Exum

Helen McDonald Exum was my friend and mentor. As I think of her passing I can only imagine the celebration that is happening in heaven as the news of her arrival is being told. I am sure that there is a party that not only has she organized but that there is not a detail that has been left to chance. I am sure that it is the grandest of events, for you see, she has been planing ... (click for more)