HEALTHMART USA, LLC and GREGG LAWRENCE v. DIRECTORY ASSISTANTS, INC. - Articles

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Posted by: Tanja Trezise on Apr 30, 2013

Court: TN Court of Appeals

Attorneys 1:

Cynthia Sherwood McKenzie and Anton L. Jackson, Nashville, Tennessee, for the appellant, Directory Assistants, Inc.

Attorneys 2:

Phillip Byron Jones, Nashville, Tennessee, for the appellees, Healthmart USA, LLC and Gregg Lawrence.

Judge(s): STAFFORD

This is the second appeal of this case, involving the question of whether Appellant acted in good faith in seeking to enforce an arbitration clause in a consulting contract, which was entered by and between Appellant and Appellee. The trial court determined that Appellant failed to act in good faith in unilaterally demanding arbitration in a forum of its choice, in setting an arbitrary deadline, and then in unilaterally accelerating the deadline. We affirm the decision of the trial court that Appellant breached the duty of good faith and remand with instructions to consider whether Appellant’s lack of good faith operates as a waiver of its right to seek arbitration pursuant to the contract.