Appellate Decision Rendered in Favor of Firm Client
The Tennessee Court of Appeals recently issued an opinion in favor of our client in Blue Water Bay at Center Hill, LLC v. Hasty, 2017 WL 5665410 (Tenn. Ct. App. Nov. 27, 2017). In summary, the appellate court vacated the trial court's decision requiring arbitration with Blue Water Bay without first having the benefit of discovery regarding arbitrability. It reversed outright a related decision requiring Mr. Hasty to arbitrate with a private individual and related development corporation. Among other things in the opinion, the Tennessee Court of Appeals explored the countours of what it characterized to be the "estoppel" and intertwined-claims test regarding arbitrability obligations between signatories and non-signatories.
We have previously written about this case here, here, and here. Of my 15 previous cases before the Tennessee Court of Appeals, this one may be my favorite. More to come.