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Rainbow Ridge Resort, LLC, et al. v. Branch Banking and Trust Company

Paid petition · Court of Appeals of Tennessee, Eastern Division, No. E2018-00232-COA-R3-CV · judgment February 28, 2019

Certiorari denied · November 4, 2019

Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Is Tennessee Code Annotated Sec. 35-5-118 unconstitutional as applied, given the lack of due process created by artificially limiting a Defendant’s examination on matters that are the subject of the Tennessee Statute?
Is Tennessee Code Annotated Sec. 35-5-118 unconstitutional as applied because the statute limits Appellants’ rights to petition, pursuant to the First Amendment, by preconditioning a defendant’s examination on matters which are the subject of the Statute to those which defendant has raised (in a pleading) as an affirmative defense?

For petitioner
David John Schmidt Madgett
MADGETT & KLEIN, PLLC

For respondent
John M. Kizer
Gentry, Tipton & McLemore, P.C.

Conference history
Distributed for 1 conference

Nov 04 2019
Petition DENIED.
Oct 09 2019
DISTRIBUTED for Conference of 11/1/2019.
Sep 27 2019
Waiver of right of respondent Branch Banking and Trust Company to respond filed.
Sep 17 2019
Petition for a writ of certiorari filed. (Response due October 21, 2019)