U.S. Court of Appeals for the Sixth Circuit
Wischermann Partners, Inc. v. Nashville Hospitality Capital
This writing
- Type
- Opinion
- Author
- Eugene Edward Siler Jr.
- Filed
- June 21, 2022
- Case
- Wischermann Partners, Inc. v. Nashville Hospitality Capital
- Case status
- Decided
Opening text
The first passage of the document, as extracted by the source provider.
NOT RECOMMENDED FOR PUBLICATION File Name: 22a0248n.06 Case Nos. 21-5326/5604 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Jun 21, 2022 DEBORAH S. HUNT, Clerk ) WISCHERMANN PARTNERS, INC., et al., ) Plaintiff-Appellees, ) ON APPEAL FROM THE UNITED ) STATES DISTRICT COURT FOR v. ) THE MIDDLE DISTRICT OF ) ) TENNESSEE NASHVILLE HOSPITALITY CAPITAL ) LLC, ) OPINION Defendant-Appellant. ) ) Before: SILER, CLAY, and MURPHY, Circuit Judges. SILER, Circuit Judge. This is a dispute between a hotel and its former manager. The manager sued the hotel owner for breach of contract, and the owner counterclaimed for breach of contract, breach of the implied duty of good faith and fair dealing, breach of fiduciary duty, gross negligence, and fraud. The district court held an eight-day bench trial and then found for the manager on every claim and counterclaim. But because the district court’s opinion rests on legal error, we vacate its judgment and remand for further proceedings. I A Kevin Fee and Seamus Ross decided to open a hotel in downtown Nashville. So they secured financing, found a suitable parcel of real estate, and selected a hotel brand: The Westin. Nos. 21-5326/5604, Wisch…
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