Corporate Air Fleet of Tennessee, Inc. v. Gates Learjet, Inc.

MEMORANDUM

JOHN T. NIXON, District Judge.

This diversity case is before the Court upon the parties’ cross-motions for partial summary judgment. Jurisdiction of this Court exists pursuant to 28 U.S.C. § 1332. In a diversity action, the law to be applied is the law of the forum state. See Erie Railroad Company v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938). This case presents an issue of first impression in the state of Tennessee and therefore the holding herein will not necessarily serve as binding precedent for future decisions of the Tennessee state courts.

Plaintiffs seek a…