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


SIGNIX Hires New Vice President Of Partner Development

SIGNiX , a company that provides secure and simple digital signature services announced the hiring of its new Vice President of Partner Development, Leonora Zilkha Williamson. Ms. Williamson will work to identify and target potential partners in a variety of industries.  SIGNiX has long been a partner-centric company that focuses on providing total solutions to software ... (click for more)

Northgate And Hamilton Place Malls Offer Free Trick Or Treating

Northgate & Hamilton Place Mall Stores are offering free family fun  with trick or treating at participating mall stores on Friday, Oct. 31.  It will last from 6 p.m. until close while supplies last. (click for more)

Additions And Improvements At Camp Jordan Arena Coming Soon

Additions and improvements are coming to Camp Jordan Arena in the near future. At the Thursday night meeting of the East Ridge city council, approval was given for buying new playground equipment. It will come from Gametime, a locally-based company. The VP of Marketing lives in East Ridge and made a proposal to set up the playground at Camp Jordan so his company could use it for ... (click for more)

Tribute Service For Luther Masingill Held At Historic Engel Stadium

It took a place as big as historic Engel Stadium for Chattanooga to say goodbye to their beloved Luther. Hundreds came Thursday afternoon to pay tribute to Luther Masingill who died early Monday morning after a radio career that spanned an amazing 74 years. It was clear from all who spoke that he was considered not only a radio personality, but also a role model. One after ... (click for more)

Not Everything Has Been Done To Save Hutcheson

I am a resident of Walker County and I have a personal belief that a hospital ranks equal to other basic services a community should offer (like police, fire, emergency services, school systems, government, etc.). I am not privy to all the management and financial conundrums concerning the feasibility of maintaining and growing Hutcheson, and as a private citizen I don’t believe ... (click for more)

Roy Exum: A Veterinarian’s Horse Sense

I suspect you’ve heard by now that a doctor in New York City, who volunteers with “Doctors Without Borders,” just got back from the African nation of Guinea on October 17 – last Friday – and on Thursday tested positive for the deadly Ebola virus. Luckily, he came in actual contact with only a few people but he reportedly rode a subway, took a taxi, went on a three-mile run and ... (click for more)