IN THE COURT OF APPEALS OF TENNESSEE
AT KNOXVILLE
December 5, 2007 Session
FEDERAL EXPRESS v. THE AMERICAN BICYCLE GROUP, LLC
Appeal from the Chancery Court for Knox County
No. 167644-3 Michael W. Moyers, Chancellor
No. E2007-01483-COA-R9-CV - FILED FEBRUARY 19, 2008
CHARLES D. SUSANO , JR., J., concurring.
I concur in the majority opinion. I write separately to express my personal belief that the
General Assembly should consider whether the result in this case – litigation in a county totally
unrelated to the subject matter of the litigation and essentially unrelated to the defendant – indicates
that the public policy, as expressed in the applicable statutory provisions, should be changed to avoid
such a result. It occurs to me that the better policy is to exclude from the list of permissible venues
in transitory actions, a county whose only connection to (1) the subject matter of the litigation and
(2) the defendant, is the existence in the county of a defendant’s corporate-for-general hire registered
agent for service of process, i.e., CT Corporation or similar entities.
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CHARLES D. SUSANO, JR., JUDGE