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ARTICLE · 08 MAY 2019

What's Good For The Goose May Not Be For The Gander.

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Tennessee Rule of Appellate Procedure 13(a) provides that "any question of law may be brought up for review and relief by any party." Well, not always.

United StatesLitigation, Mediation & Arbitration

Tennessee Rule of Appellate Procedure 13(a) provides that "any question of law may be brought up for review and relief by any party." Well, not always.

In Melo Enterprises, LLC, et al. v. D1 Sports Holdings, LLC, Case No. M2017-02294-COA-R3-CV, decided January 25, 2019, by the Tennessee Court of Appeals, D1 filed a motion to compel arbitration of Melo's claims for conversion, fraudulent representation and declaratory relief arising out of the sale of limited partnership units. The trial court compelled arbitration on the conversion and declaratory relief claims but noting a Tennessee choice of law provision in an underlying document, held that Tennessee law required judicial determination of the fraudulent inducement claim. D1 immediately appealed.

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