Berkeley Park v. Tabor

1 Citing case

  1. Clair v. Zink

    NO. 3:20-cv-0371 (M.D. Tenn. Dec. 31, 2020)   Cited 2 times
    Denying motion to dismiss when defendant argued the wrong standard in attempting to show that the complaint did not meet the amount-in-controversy requirement

    E.g., Benz-Elliott v. Barrett Enterprises, LP, 456 S.W.3d 140, 141 (Tenn. 2015). Plaintiff additionally cites many cases indicating that refusing to mediate in accordance with the terms of a contract creates a valid claim of breach of contract. (Doc. No. 17 at 6-7); see also Berkeley Park Homeowners Ass'n, Inc. v. Tabor, No. E200901497COAR3CV, 2010 WL 2836120, at *4 (Tenn. Ct. App. July 20, 2010). Plaintiff notes that there are no terms in the Operating Agreement to limit her possible recovery, as the Operating Agreement contains no limit on damages.