2016 has proven to be a fabulous year for LT attorneys not only in the trial courts but in the Court of Appeals as well.
Last Thursday, Janet Hayes and Brad Telfeyan won a major victory in the Middle Section of the Tennessee Court of Appeals.
The lawsuit stemmed from the decedent’s purchase of several investment products from the defendants. Following the decedent’s death, his daughter filed a lawsuit under the Tennessee Consumer Protection Act and also for breach of contract, promissory fraud, negligent misrepresentation, and breach of fiduciary duty.
At the trial level, Janet and Brad moved for summary judgment on the grounds that the Tennessee Consumer Protection Act claims were untimely and the evidence was insufficient to establish the other claims without consideration of parole evidence and inadmissible hearsay testimony. The trial judge granted the motion and dismissed the case.
In its decision last Thursday, the Tennessee Court of Appeals affirmed the dismissal. Paul Whitt provided significant assistance to Janet and Brad on this successful appeal.
This victory came just a few weeks after Janet and Mary Beth White won a victory in the Court of Appeals. In this case the plaintiff who was injured in a motor vehicle accident filed suit against the driver and the owner of the truck with which he collided. More than a year after the accident and seven months after the suit was filed; plaintiff amended the Complaint to asset causes of action against additional parties. Janet and Mary Beth filed a motion to dismiss these new claims on the basis of the Statute of Limitations.
The trial Court granted Janet and Mary Beth’s motion, dismissing the claims against their client.
The Court of Appeals affirmed, holding that the Amended Complaint did not contain factual allegations sufficient to relate the claims against the additional defendants back to the filing of the original Complaint or to otherwise prevent the running of the Statute of Limitations.
Congratulations to Janet, Brad, Paul and Mary Beth on these victories in the Court of Appeals.
Janet Hayes, a Shareholder in the Knoxville office, is an advocate for employers and businesses across the state. Her practice is focused on employment and appellate law.
Brad Telfeyan, special counsel, is located in the firm’s Nashville office practicing primarily in the areas of commercial transportation litigation and products liability.
Paul Whitt, a shareholder in the firm’s Knoxville office, practices in the areas of construction law and litigation, including professional liability defense of design professionals, such as engineers, architects and surveyors, as well as professional liability representation of accountants and lawyers.
Mary Beth White, a shareholder in the firm’s Nashville office, concentrates her practice in the areas of commercial and business litigation, with an emphasis on commercial transportation.