Opinion FlashMay 18, 2004Volume 10 — Number 096 Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion. This Issue (IN THIS ORDER):
TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Howard H. Vogel FREEMAN INDUSTRIES LLC v. EASTMAN CHEMICAL COMPANY, ET Court:TCA Attorneys: John S. Bingham, Kingsport, Tennessee, for the appellant, Freeman Industries LLC. William T. Gamble, Kingsport, Tennessee, and Thomas Demitrack, Cleveland, Ohio, for the appellee, Eastman Chemical Company. S. Morris Hadden, Kingsport, Tennessee, for the appellees, Hoechst Aktiengesellschaft; Nutrinova Nutrition Specialties & Food Ingredients, GmbH; Daicel Chemical Industries, Ltd.; and Nippon Gohsei Industries, Ltd (Michael D. Blechman and Jennifer B. Patterson, New York, New York, of counsel for the appellees, Hoechst Aktiengesellschaft and Nutrinova Nutrition Specialties & Food Ingredients, GmbH; Herbert S. Washer and Jennifer Wendy, New York, New York, of counsel for the appellee, Daicel Chemical Industries, Ltd.; Eugene Illovsky and Peter Stern, Walnut Creek, California, of counsel for the appellee, Nippon Gohsei Industries, Ltd.). Judge: SUSANO First Paragraph: In this antitrust case, Freeman Industries LLC ("Freeman") sued Eastman Chemical Company ("Eastman") and others for damages, alleging that the defendants engaged in the illegal price-fixing of sorbates, a generic label for several food preservatives. Freeman, who purchased products containing sorbates from entities in New York State, brought suit under the Tennessee Trade Practices Act ("the TTPA") and pursuant to a theory of unjust enrichment. In addition, Freeman sought class certification for all other individuals and entities similarly situated in thirty-five states, including New York, but, significantly, not including the state of Tennessee. Following a hearing on the defendants' motion to dismiss, the trial court granted the motion with respect to the TTPA claim, holding that the TTPA does not apply to indirect purchasers or out-of-state transactions. At a subsequent hearing, the trial court denied Freeman's motion for class certification; and also denied the defendants' motion for summary judgment on Freeman's unjust enrichment claim. Both sides appeal. Because we find that the trial court reached a conclusion that is contrary to the decision of this court in the case of Sherwood v. Microsoft Corp., No. M2000-01850-COA-R9-CV, 2003 WL 21780975 (Tenn. Ct. App. M.S., filed July 31, 2003) (Tenn. R. App. P. 11 application pending) - which decision was released after the trial court rendered its decision - we modify the trial court's judgment by deleting that portion of the court's decision holding the TTPA does not apply to indirect purchasers. In all other respects, we affirm the trial court's judgment. http://www.tba.org/tba_files/TCA/freemanind.wpd BEVERLEY MILLER, ET AL. v. UNITED AUTOMAX Court:TCA Attorneys: Kevin A. Snider of Germantown For Appellants, Beverley Miller and Cassandra Meyer Gary C. McCullough of Germantown For Appellee, United Automax Judge: CRAWFORD First Paragraph: Appellants sued Appellee on theories of common law misrepresentation and violation of the Tennessee Consumer Protection Act, arising from the sale of a used vehicle. A jury returned a verdict for Appellants on both theories and Appellants elected to take their remedy under the common law claim, which included an award of punitive damages. The trial court denied Appellants' prayer for attorney fees, which were not available under the common law remedy but only under the Consumer Protection Act claim. Having been denied attorney fees, Appellants requested that they be allowed to amend their election of remedies. This request was denied. Appellants appeal. We affirm. http://www.tba.org/tba_files/TCA/millerbev.wpd STATE OF TENNESSEE v. TERRY R. McCULLOCH Court:TCCA Attorneys: Kent L. Booher, Lenoir City, Tennessee, for the appellant, Terry R. McCulloch. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; J. Scott McCluen, District Attorney General; and Frank A. Harvey, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant, Terry R. McCulloch, pled guilty to DUI, third offense, and driving on a revoked license, reserving as a certified question of law whether the trial court erred in denying his motion to suppress evidence obtained as a result of a driver's license roadblock stop. On appeal, he argues that the roadblock stop was unconstitutional. Following our review, we reverse the judgment of the trial court and dismiss the charges against the defendant. http://www.tba.org/tba_files/TCCA/mccullochterryr.wpd STATE OF TENNESSEE v. CAREY STANFORD RICHMOND Court:TCCA Attorneys: Larry S. Weddington, Bristol, Tennessee, for the Appellant, Carey Stanford Richmond. Paul G. Summers, Attorney General & Reporter; Michelle R. Chapman, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Robert H. Montgomery, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The defendant, Carey Stanford Richmond, appeals from the Sullivan County Criminal Court's imposition of incarcerative sentencing for numerous conviction offenses and for an additional probation violation. She claims that she was entitled to alternative sentences, and because we disagree, we affirm. http://www.tba.org/tba_files/TCCA/richmondcareystan.wpd STATE OF TENNESSEE v. REGINALD STACY SUDDERTH
Court:TCCA
Attorneys:
Herbert S. Moncier, Knoxville, Tennessee, for the appellant, Reginald
Stacy Sudderth.
Paul G. Summers, Attorney General and Reporter; Joseph F. Whalen,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and Joseph E. Perrin and Barry Staubus, Assistant District
Attorneys General, for the appellee, State of Tennessee.
Judge: GLENN
First Paragraph:
In 1998, the defendant, through former counsel, entered into a letter
agreement with the Blount County District Attorney General which
provided that he would be granted immunity for the murder of Andre
Jackson if he provided information and cooperated in the prosecution
of the murder of Gary Huskey and passed a polygraph examination
administered by the Federal Bureau of Investigation ("FBI") as to the
Huskey murder. The defendant subsequently was indicted for first
degree murder and conspiracy to commit first degree murder. He then
filed a motion to dismiss the indictment, claiming, inter alia, that
the polygraph was unfair, that he had not failed the test, and that
the State breached its agreement to provide another polygraph.
Following hearings, the trial court dismissed the motion, and the
defendant filed an interlocutory appeal. After review, we affirm the
judgment of the trial court dismissing the motion, but remand for
entry of corrected minutes reflecting that the trial court denied the
defendant's motion to dismiss.
http://www.tba.org/tba_files/TCCA/sudderthreginalds.wpd
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