No Cause Of Action For Litigation-Related Claims

A corporation filed a lawsuit against its former attorney in Tennessee alleging an array of serious charges. The lawyer then filed a separate lawsuit against the corporation in Texas. Both matters were settled. The lawyer then sued the corporation’s Tennessee lawyers for “abuse of process, fraud by concealment, and outrageous conduct allegedly resulting from [the firm’s] actions(s) during discovery of the Tennessee and Texas litigation.” The Tennessee Supreme Court affirmed the grant of summary judgment to the defendants. The court held that the remedy for improper representations in litigation is a motion for sanctions:   

“This is a lawsuit over the conduct of litigation. The litigation that gave rise to this lawsuit was   obviously contentious. The rules of procedure generally provide the proper vehicle for pursuing claims of misconduct against opposing counsel during the course of litigation…The invocation of the rules of procedure regarding the conduct of opposing counsel arising in the course of litigation should be the primary method of seeking redress, not the initiation of yet another lawsuit involving the causes of action alleged herein.”

The court also held that the appeal of the summary judgment order was frivolous. (Mike Frisch)