Federal Express v. The American Bicycle Group, LLC - Concurring

Court of Appeals of Tennessee

Federal Express v. The American Bicycle Group, LLC - Concurring

DecidedFebruary 19, 2008

DocketE2007-01483-COA-R9-CV

StatusPublished

This text of Federal Express v. The American Bicycle Group, LLC - Concurring (Federal Express v. The American Bicycle Group, LLC - Concurring) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Federal Express v. The American Bicycle Group, LLC - Concurring, (Tenn. Ct. App. 2008).

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Opinion

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE December 5, 2007 Session

FEDERAL EXPRESS v. THE AMERICAN BICYCLE GROUP, LLC

Appeal from the Chancery Court for Knox County No. 167644-3 Michael W. Moyers, Chancellor

No. E2007-01483-COA-R9-CV - FILED FEBRUARY 19, 2008

CHARLES D. SUSANO , JR., J., concurring.

I concur in the majority opinion. I write separately to express my personal belief that the General Assembly should consider whether the result in this case – litigation in a county totally unrelated to the subject matter of the litigation and essentially unrelated to the defendant – indicates that the public policy, as expressed in the applicable statutory provisions, should be changed to avoid such a result. It occurs to me that the better policy is to exclude from the list of permissible venues in transitory actions, a county whose only connection to (1) the subject matter of the litigation and (2) the defendant, is the existence in the county of a defendant’s corporate-for-general hire registered agent for service of process, i.e., CT Corporation or similar entities.

_______________________________ CHARLES D. SUSANO, JR., JUDGE

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IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE December 5, 2007 Session

FEDERAL EXPRESS v. THE AMERICAN BICYCLE GROUP, LLC

Appeal from the Chancery Court for Knox County No. 167644-3 Michael W. Moyers, Chancellor

No. E2007-01483-COA-R9-CV - FILED FEBRUARY 19, 2008

CHARLES D. SUSANO , JR., J., concurring.

I concur in the majority opinion. I write separately to express my personal belief that the General Assembly should consider whether the result in this case – litigation in a county totally unrelated to the subject matter of the litigation and essentially unrelated to the defendant – indicates that the public policy, as expressed in the applicable statutory provisions, should be changed to avoid such a result. It occurs to me that the better policy is to exclude from the list of permissible venues in transitory actions, a county whose only connection to (1) the subject matter of the litigation and (2) the defendant, is the existence in the county of a defendant’s corporate-for-general hire registered agent for service of process, i.e., CT Corporation or similar entities.

_______________________________ CHARLES D. SUSANO, JR., JUDGE

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Federal Express v. The American Bicycle Group, LLC - Concurring, Counsel Stack Legal Research, https://law.counselstack.com/opinion/federal-express-v-the-american-bicycle-group-llc-c-tennctapp-2008.