Cases
Experience: Experience includes: Insurance Employment Product Liability Professional Liability
Compliance Real Estate Litigation Personal Injury
Insurance
Defense at trial of health insurance company against claims by its insured for bad faith, consumer protection act violations, intentional infliction of emotional distress/outrageous conduct, libel,
breach of contract arising from insurer's investigation of claims submitted by insured. Case resulted in dismissal with Plaintiff making no recovery.
Defense at trial of life insurance company against claims by its insured for consumer protection act violations, fraud,
breach of contract arising from cancelation of policy. Case resulted in dismissal with Plaintiff making no recovery.
Defense on appeal of insurance agents
agency following multi-million dollar adverse judgment to beneficiary of life insurance policy who sued for breach of contract (failure to procure coverage), negligence/breach of fiduciary duty,
consumer protection act violations. Successful appeals to Tennessee Court of Appeals
to Tennessee Supreme Court resulted in reversal of CPA award, significant reduction in net damage exposure,
vacating of attorney fee award.
Employment
Defense at trial of governmental entity employer
its President/CEO against claims by employee for retaliation, wrongful termination, violations of whistleblower statutes,
intentional infliction of emotional distress/outrageous conduct. Case resulted in dismissal with Plaintiff making no recovery.
Defense before Tennessee Human Rights Commission, EEOC,
at trial of employer against coordinated claims by two management level employees
their supervisor alleging race discrimination, wage
hour violations,
retaliation. Cases were concluded with favorable settlement with one employee, summary judgment in favor of employer on the claims asserted by the other employee,
dismissal of all claims asserted by the supervisor.
Representation of employer against employee who converted corporate assets
who wrongfully received commission
bonus compensation based upon his misrepresentations. Successfully prosecuted lawsuit for fraud, breach of fiduciary duty,
conversion
secured judgment for monetary damages, including return of all compensation paid.
Product Liability
Defense at trial of product manufacturer in products liability/breach of contract claim following explosion. Case involved a significant dispute as to causation
substantial spoliation of evidence issues. Case was successfully resolved for a fraction of the damages claimed.
Defense at trial of product manufacturer in class action lawsuit alleging defect, breach of warranty,
consumer protection act violations on behalf of all purchasers. Class action certification was defeated
case was favorably resolved.
Defense at trial of product manufacturer in lawsuit by competitor alleging defamation, injurious falsehood/trade libel/product disparagement, intentional
tortious interference with business relationships,
consumer protection act violations arising from product comparisons. Case resulted in dismissal with Plaintiff making no recovery.
Professional Liability
Compliance
Representation of attorneys
law firms in connection with compliance with Rules of Professional Conduct,
with licensure, disciplinary
professional liability issues, including laws
regulations governing the practice of law in various jurisdictions.
Representation of engineers in connection with compliance with laws
regulations governing the practice of engineering in various jurisdictions.
Real Estate Litigation
Representation of property owners in condemnation
eminent domain proceedings.
Representation at trial
on appeal of buyer of home against seller who had built home acting as his own general contractor. Secured judgment against seller for compensatory
punitive damages arising from seller's intentional
negligent misrepresentations
concealments regarding the condition of the home.
Personal Injury
Defense of trucking companies
commercial drivers in claims arising from motor vehicle collisions, including claims involving fatalities
catastrophic injuries, as well as allegations of violations of FMCSRs
of DOT safety regulations.
Defense of drivers in claims arising from motor vehicle collisions, including claims involving fatalities
catastrophic injuries,
claims with related criminal charges.
Representation of plaintiffs in personal injury claims, including those involving motor vehicle accidents, premises liability,
workplace injury.
