New Action In Terminella Suit
by February 21, 2011 12:00 am 67 views
The latest salvo has been fired in the ongoing legal battle between Northwest Arkansas developer Tom Terminella and Metropolitan National Bank.
Terminella’s attorney, Robert Ginnaven, filed a brief with the Washington County Circuit Clerk’s office February 15 on behalf of Terminella and Grand Valley Ridge LLC. It was in response to the bank’s motion for Rule 11 sanctions. As you may remember, Terminella filed suit in Washington County on November 22, alleging MNB interfered with a contract, engaged in deceptive trade practices and was negligent.
Suits filed in Benton and Pulaski counties earlier in 2010 were dismissed. The developer is seeking $500 million in damages.
Here’s the bottom line: Terminella’s camp has been dogged in its pursuit of a jury trial. Ginnaven’s brief is concise and pointed in that regard. “That is what lawsuits are for,” the brief notes. “To provide a civil alternative to a literal ‘ass-kicking’, to use Terminella’s less than delicate quoted phrase.”
A hearing before Washington County Circuit Judge Kim Smith was scheduled the morning of February 17, but was suddenly postponed a day earlier. The new hearing date is March 11 at 10 a.m.