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New Phase Investments, LLC v. Elite RE Investments, LLC

Tenn. Ct. App.November 5, 2020No. W2019-00980-COA-R10-CV
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Case Details

Judge(s)
Judge W. Neal McBrayer
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Breach of Contract

Excerpt

An internecine conflict led to a suit asserting breach of contract and a variety of torts. The defendants moved to compel arbitration, but the trial court deferred ruling on the motion. Instead, the court granted the plaintiff's request for a temporary injunction and ordered the parties to mediate their dispute. When the defendants refused to participate in mediation, the court held them in contempt. We granted the application of the defendants for an extraordinary appeal to determine whether the trial court erred in not proceeding summarily to the determination of whether there was an agreement to arbitrate. Upon review, we vacate the three orders issued after the motion to compel arbitration was filed and remand for the court to determine whether a valid agreement to arbitrate exists.

What This Ruling Means

**Business Partners Fight Over Contract Terms** This case involved a business dispute between two real estate investment companies - New Phase Investments and Elite RE Investments. New Phase sued Elite, claiming they broke their contract and committed other wrongful acts. The companies appeared to be former business partners who had a falling out. Elite wanted to force the dispute into private arbitration (a process where a neutral third party decides the case instead of a judge). However, the trial court took a different approach. Instead of immediately deciding whether arbitration was required, the judge ordered both companies to try mediation first - a process where they would attempt to resolve their differences with help from a neutral mediator. When Elite refused to participate in the court-ordered mediation, the judge held them in contempt of court. Elite then appealed this decision to a higher court, which sent the case back to be handled differently. **What This Means for Workers:** While this case involved businesses rather than employees, it shows how courts handle disputes over arbitration clauses in contracts. Many employment contracts contain similar arbitration clauses that can affect workers' rights to sue their employers in court. Workers should understand that courts take these clauses seriously and may require alternative dispute resolution before allowing traditional lawsuits.

This summary was generated to explain the ruling in plain English and is not legal advice.

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