No. 19-381
Rainbow Ridge Resort, LLC, et al. v. Branch Banking and Trust Company
Response Waived
Tags: affirmative-defense civil-procedure civil-rights constitutional-challenge due-process examination-limitations first-amendment petition petition-rights pleading standing statutory-interpretation takings
Latest Conference:
2019-11-01
Question Presented (from Petition)
1. Is Tennessee Code Annotated Sec. 35-5-118
unconstitutional as applied, given the lack of due
process created by artificially limiting a Defendant's
examination on matters that are the subject of the
Tennessee Statute?
2. Is Tennessee Code Annotated Sec. 35-5-118
unconstitutional as applied because the statute limits
Appellants' rights to petition, pursuant to the First
Amendment, by preconditioning a defendant's
examination on matters which are the subject of the
Statute to those which defendant has raised (in a
pleading) as an affirmative defense?
Question Presented (AI Summary)
Is Tennessee Code Annotated Sec. 35-5-118 unconstitutional as applied?
Docket Entries
2019-11-04
Petition DENIED.
2019-10-09
DISTRIBUTED for Conference of 11/1/2019.
2019-09-27
Waiver of right of respondent Branch Banking and Trust Company to respond filed.
2019-09-17
Petition for a writ of certiorari filed. (Response due October 21, 2019)
Attorneys
Branch Banking and Trust Company
John M. Kizer — Gentry, Tipton & McLemore, P.C., Respondent
Rainbow Ridge Resort, LLC, et al.
David John Schmidt Madgett — MADGETT & KLEIN, PLLC, Petitioner