Legal Opinion

Jo Ann Forman, Inc. v. National Council on Compensation Insurance, Inc.

Court of Appeals of Tennessee

Decided September 29, 1999No. 01A01-9805-CH-00260PublishedCited by 16 opinions

1Opinion of the Court

OPINION

CAIN, Judge.

The sole question presented by this appeal is whether or not workers’ compensation insurance, which is an intangible contract right or service, is an “article” or “product” subject to the Tennessee antitrust statutes (Tennessee Code Annotated sections 47-25-101 and 47-25-103-109). If this “intangible” is within the purview of the act, then the trial court was correct in overruling the Rule 12 motion of the defendants. If such “intangible” is not within the purview of the statute, the Rule 12 motion is well taken and the trial court judgment must be reversed. For the reasons…

2Cases cited22 opinions

  1. Cohens v. VirginiaSupreme Court of the United States · 1821
  2. Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
  3. Northern Pacific Railway Co. v. United StatesSupreme Court of the United States · 1958
  4. Bob Jones University v. United StatesSupreme Court of the United States · 1983
  5. Stein v. Davidson Hotel Co.Tennessee Supreme Court · 1997

17 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Freeman Industries, LLC v. Eastman Chemical Co.Tennessee Supreme Court · 2005
  2. Brown v. Tennessee Title Loans, Inc.Tennessee Supreme Court · 2010
  3. In Re Cardizem CD Antitrust LitigationDistrict Court, E.D. Michigan · 2000
  4. Bennett v. Visa U.S.A. Inc.Court of Appeals of Tennessee · 2006
  5. Beaudreau v. Larry Hill Pontiac/Oldsmobile/GMCCourt of Appeals of Tennessee · 2004

11 more not listed; retrieve them via the Exa API.

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