Breach of Contract Cases

Administrative Procedures Act Rule Making Exemption N.C.G.S. Sec. 135-5(a3) Teachers' and State Employees' Retirement System State Agency Adoption of Rules and Regulations

This appeal arises from the dismissal of a complaint filed against the Shelby County Retirement Board and a labor union for breach of contract for an administrative decision by the Shelby County Retirement Board, which denied the plaintiff's request for a pension benefit as a former employee of the Shelby County Health Department. The retirement board and the union filed separate motions to dismiss for failure to state a claim upon which relief can be granted pursuant to Tennessee Rule of Civil Procedure 12.02(6). The chancery court granted both motions for lack of subject matter jurisdiction, determining that the plaintiff's complaint was a petition for writ of certiorari, which the plaintiff did not file within the sixty-day statute of limitation. We affirm.

App.R. 3(D) notice of appeal affidavit strike evidence summary judgment trade secret misappropriation breach of contract tortious interference business relationship improper invoice written admission counterclaim deposition testimony admissible untimely Civ.R. 56. The trial court did not abuse its discretion in striking the untimely affidavit attached to the appellants' brief in opposition to summary judgment. Nor did the court abuse its discretion in striking exhibits that were not incorporated in a properly framed affidavit. The trial court erred as a matter of law in granting summary judgment in favor of defendants. Defendants did not come forward with admissible evidence suggesting that there is a genuine issue for trial.

Motion to compel arbitration Existence and scope of arbitration agreement Construction of contract language.

This appeal concerns an employee who made preparations to start a competing business while still employed by his old company. Todd Heins ("Heins") was a manager working for Leslie's Poolmart, Inc. ("Leslie's"), a nationwide pool supply business, at its Bartlett Hills location in the Memphis, Tennessee area. Jay Karcher ("Karcher"), while a customer in Leslie's Bartlett Hills store, approached Heins one day while he was working with an idea about starting a new pool supply business. Heins was intrigued and followed up with Karcher to found Blue Wave Pool Supply of Memphis, LLC ("Blue Wave"). Heins resigned from Leslie's before Blue Wave opened for business. Heins' friend and Leslie's employee Chad Pitcock ("Pitcock") also resigned and went to work for Blue Wave. Leslie's sued Blue Wave, Heins, Pitcock, and Karcher ("Defendants," collectively) in the Chancery Court for Shelby County ("the Trial Court") for, among other things, breach of contract, breach of fiduciary duty, misappropriation of trade secrets, and inducement to breach contract. After a trial, the Trial Court found in favor of Defendants and dismissed Leslie's complaint with prejudice. Leslie's appeals. We affirm the judgment of the Trial Court.

Trial court did not err in granting appellee's motion for summary judgment where the evidence in support of the motion established as a matter of law that appellant was an independent contractor of appellee, not an employee. Nor did the trial court err by granting summary judgment as to appellant's claim for breach of contract, breach of the implied covenant of good faith and fair dealing, and invasion of privacy where the evidence failed to create a genuine issue of fact as to the essential elements of those claims. Finally, the trial court did not err when it determined that the parties' fully integrated written agreement barred appellant's claim of unjust enrichment and that the release executed by appellant barred appellant's claims for fraud. Judgment affirmed.