Saving Statute Not Always Precluded by Tolling Agreements
Circle C Construction, LLC v. D. Sean Nilsen Et Al., (Tenn. Mar. 7, 2016) The Tennessee Supreme Court sent a clear warning in Circle C. Construction, LLC v. D. Sean Nilsen; craft tolling agreements with clear intentions and even clearer language. The Court decided that absent specific language in a […]
Taylor Successfully Defeats Motion to Dismiss
Shareholder Jeremy Taylor, in our Mobile office, successfully defeated a Motion to Dismiss filed as a result of a counterclaim. In the case, an injured railroad worker who was a passenger in a pay-for-hire transport vehicle became involved in an accident with a commercial motor carrier, who came to be […]
Dram Shop Case Where Neighbor Shot Minor Survives Summary Judgment
In Tennessee, a Knox County Circuit Court Judge is permitting a wrongful death lawsuit to continue against a sports bar accused of over-serving a teenage customer, Evan Hall, who later crashed into a neighbor’s yard and was shot to death by his neighbor and former classmate Bush. Hall’s parents have […]
Daughtry Receives Favorable Verdict
Shareholder Bricker Daughtry recently obtained a verdict in favor of his client relating to a union grievance requesting additional funeral pay. The Plaintiff alleged the company violated the collective bargaining agreement. Bricker argued the company’s actions complied with the agreement. Following a full arbitration, the arbitrator agreed and upheld the […]
Daughtry and Guarino Obtain Summary Judgment
Bricker Daughtry and Michael Guarino of the Birmingham office of Carr Allison recently obtained summary judgment in the Circuit Court of Jefferson County, Alabama on behalf of a transportation employer. The Plaintiff alleged tort and fraud claims arising from the investigation and denial of his workers compensation claim. At the […]
Win for Nixon!
Faith Nixon of the Mobile office successfully defended her client, an insurance company, in a circuit court jury trial in Escambia County, Florida. The matter involved a clear liability car accident in which the driver fled the scene of the accident after the collision. The driver was uninsured and a […]
Martin to lead Premises & Security Substantive Law Committee
Chattanooga shareholder, Sean W. Martin, has been appointed Chair of the Premises & Security Liability Substantive Law Committee of the Federation of Defense & Corporate Counsel (www.thefederation.org). Mr. Martin was also appointed to the Website Revision Project tasked with updating the Federation’s website.
Tennessee Supreme Court vacates decision finding damage caps unconstitutional
http://www.tncourts.gov/press/2015/10/20/supreme-court-vacates-decision-finding-damage-caps-unconstitutional
Tennessee Supreme Court issues key decision for healthcare industry
Tennessee Supreme Court Unanimously Holds Estate of French v. Stratford House, 333 S.W.3d 546 (Tenn. 2011) is statutorily abrogated by Tenn. Code Ann. § 29-26-101 et seq. (Tennessee Healthcare Liability Act) Ellithorpe v. Weismark, 2015 Tenn. LEXIS 827 (Tenn. Oct. 8, 2015) On July 11, 2011, the Tennessee Supreme Court […]
Nixon obtains Defense verdict
Faith Nixon of the Mobile office successfully defended her client in a circuit court jury trial in Baldwin County, Alabama. The matter involved a rear end collision with clear liability on the part of Ms. Nixon’s client. The plaintiff claimed she had suffered a rotator cuff injury which required surgical […]
