From: Rebecca Adelman [mailto:rebecca@AdelmanFirm.com]
Sent: Tuesday, October 27, 2009 9:20 PM
Subject: TN COA Opinion affirming Twombly
Good evening all. Attached is yet another case from the TN COA today that reaffirms Twombly and proper pleading standards. The COA upheld the trial court’s dismissal of Plaintiff’s claims for failure to plead sufficiently. Specifically, Plaintiff’s TCPA claim and Fraud and Misrepresentation claim failed under legal scrutiny. This opinion is also important in providing an exception to the rule that a Rule
12.02(6) motion is converted to a MSJ if matters outside the pleadings are presented to the Court for consideration. This should be relevant in several of our current cases. The COA cited its recent 2009 opinion, Ind. State Dist. Council of Laborers v. Brukardt, No.
M2007-02271-COA-R3-CV, 2009 WL 426237, at *8 (Tenn. Ct. App. Feb. 19,
2009) (perm. app. denied Aug. 24, 2009), for this proposition. A further report will follow.
Have a good evening.
Rebecca Adelman, Esq.
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