Wednesday, June 29, 2011

Court Reviews Whether Injunctive Relief was Proper in a Case Involving a Dispute Between an Employer and a Former Employee

OTTER'S CHICKEN TENDER, LLC v. JOEY COPPAGE (Tenn. Ct. App. June 28, 2011)

This appeal arises out of a breach of contract action between a restaurant and its former employee. On cross motions for summary judgment, the court resolved all issues between the parties except whether attorney fees should be awarded and whether a permanent injunction should be issued against the employee. The court subsequently dismissed both parties' claims for attorney fees and extended a temporary injunction previously entered.

Both parties appeal the denial of attorney fees; in addition, defendant asserts that the trial court erred in extending the temporary injunction. Finding that the court erred in determining that plaintiff was not the prevailing party, we reverse the court's denial of attorneys fees to plaintiff and remand for an award of fees for time spent pursuing injunctive relief; we affirm the court's action in extending the temporary injunction.

Opinion available at: