Kasowitz Secures Major Appellate Victory as Tennessee Court Revives $150M Lawsuit

Kasowitz LLP, on behalf of Plaintiffs KARS, LLC, Robert Henderson Development 1, LLC, and Rocky Top Ford Lincoln, LLC, secured a significant appellate victory in the Court of Appeals of Tennessee, which reinstated their $150 million lawsuit against Lynn Webb, Daniel Webb, LD&S TN LLC, and Whaley Properties Inc.  The lawsuit alleges that Defendants engaged in a predatory and unfair scheme to obstruct Plaintiffs’ development of a commercial business complex.
 
Following oral argument by Kasowitz partner Nicholas A. Rendino, the appellate panel fully reversed the trial court’s dismissal of the complaint.  In a detailed opinion, the Court held that the trial court erred in dismissing Plaintiffs’ breach of contract claim, finding that Plaintiffs had adequately pleaded equitable estoppel.  The Court also reinstated Plaintiffs’ nine additional claims, concluding that they had been dismissed without sufficient justification.  The Court further ruled that Defendants’ theory for dismissal of the appeal would “thwart” the Uniform Contribution Among Tort-Feasors Act and denied Defendants’ cross-appeal.
  
The Kasowitz team representing Plaintiffs is led by partner Nicholas A. Rendino and includes partner Amit R. Vora and associates Jillian R. Roffer, Rachel Bandli, and Zachary N. Josephs.