ROBERTS IRA v. McNEILL

No. W2013-01072-COA-R3-CV.

DONALD J. ROBERTS IRA, ET AL. v. PHILLIP H. McNEILL, SR., ET AL.

Court of Appeals of Tennessee, at Jackson.

Filed May 30, 2014.


Attorney(s) appearing for the Case

John S. Golwen , Annie T. Christoff , Johathan E. Nelson , Memphis, Tennessee, and Edward J. Fuhr (pro hac vice), Matthew P. Bosher (pro hac vice), Trevor S. Cox (pro hac vice), Richmond, Virginia, for the appellants, Phillip H. McNeill, Sr., Howard A. Silver, Raymond E. Schultz, Robert P. Bowen, and Joseph W. McLeary.

Alan G. Crone , Memphis, Tennessee, and Lee A. Weiss (pro hac vice), Garden City, New York, for the appellees, Donald J. Roberts IRA, Dr. James M. Byers IRA Rollover, Patrick Svoboda IRA and Svoboda Realty Inc. Defined Benefit Plan, Jack Fulton, and Eric Clarke, as Trustee of Clarke Revocable Trust, On Behalf of Themselves and All Others Similarly Situated.

J. STEVEN STAFFORD, J., delivered the opinion of the Court, in which ALAN E. HIGHERS, P.J., W.S., and DAVID R. FARMER, J., joined.


MEMORANDUM OPINION1

J. STEVEN STAFFORD, J.

This is the second interlocutory appeal from a class certification. In Roberts v. McNeill, No. W2010-01000-COA-R9-CV, 2011 WL 662648 (Tenn. Ct. App. Feb. 23, 2011) ("Roberts I"), we vacated the trial court's class certification and remanded for reconsideration. Plaintiffs/Appellees are former owners of preferred stock in Equity Inns, Inc...

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