SEVIERVILLE, TN - On behalf of Plaintiffs KARS, LLC, Robert Henderson Development 1, LLC, and Rocky Top Ford Lincoln, LLC, Kasowitz LLP has secured a significant appellate victory in the Court of Appeals of Tennessee. This win reinstated their May 2024 $150 million lawsuit against Lynn Webb, Daniel Webb, LD&S TN LLC, and Whaley Properties Inc.

The lawsuit accuses the Defendants of engaging in a predatory and unfair scheme designed to obstruct the Plaintiffs’ efforts to develop a commercial business complex in Sevierville, Tennessee.

Following oral arguments presented by Kasowitz partner Nicholas A. Rendino, the appellate panel unanimously reversed the trial court’s previous dismissal of the complaint. In a comprehensive opinion, the Court found that the lower court erred in dismissing the Plaintiffs’ breach-of-contract claim, noting that equitable estoppel was sufficiently pleaded. Additionally, the Court reinstated nine other claims previously dismissed without adequate justification.

Moreover, the Court rejected the Defendants’ dismissal theory, which would undermine the Uniform Contribution Among Tort-Feasors Act, and denied their cross-appeal.

The appeal session can be viewed here.

Kasowitz LLP is a leading national law firm with a core focus on commercial litigation, complemented by exceptionally strong bankruptcy/restructuring and real estate transactions. The firm is distinguished by its innovative and aggressive approach to complex legal challenges. For more information, please visit www.kasowitz.com.