Lewis Thomason is pleased to announce the following 27 attorneys are listed in The Best Lawyers in America© 2016: Rehim Babaoglu, Stephen C. Barton, R. Dale Bay, J. Randolph Bibb, Jr., Leslie F. Bishop, John R. Britton, Charles Cagle, Robert F. Chapski, Joseph M. Clark, Lisa Ramsay Cole, Brian S. Faughnan, David N. Garst, Lawrence F. Giordano, William H. Haltom, Jr., … Read More
Be Careful What You Wish For
Attorney’s fees are only recoverable if they are provided for by statute or in a contract. This rule is generally applicable regardless of whether a matter is pursued in litigation through a court or in arbitration. However, the Tennessee Court of Appeals found that under the rules of the American Arbitration Association, attorney fees may be awarded if sought by … Read More
Michael Keeney and Casey Shannon Triumph in Court of Appeals
This is an arbitration case, wherein plaintiffs and the defendant-signatory expressly agreed to arbitrate any disputes arising from the contract and further agreed that the contract would be governed by New York law. Plaintiffs later filed suit against the defendant-signatory, as well as one of the defendant‘s employees, who had not signed the arbitration agreement, for breach of fiduciary duty, … Read More
False Claims Act liability doesn’t stop on the whistle
Failing to ensure certified payrolls are correct lead to a contractor owing three times the amount paid by the government under a construction contract. The False Claims Act imposes liability on persons and companies that defraud the government. Under the FCA, a “whistleblower,” frequently a current or former employee, may file a lawsuit on behalf of the government when someone … Read More
Failure to Serve Notice of Nonpayment Renders Lien Invalid
The Tennessee Court of Appeals affirmed Tennessee’s requirement that remote contractors (subcontractors, sub-subcontrators, material suppliers to a subcontractor, etc.) must serve notices of nonpayment on both the owner and prime contractor (the General Contractor). In Diaz Construction v. Ind. Dev. Board of Metro. Gov’t of Nashville and Davidson County, a remote contractor appealed the trial court’s dismissal of its lien … Read More
Another LT Jury Trial Victory
Congratulations to the defense team of Cheryl Estes and Natalie Bursi. They won a defense verdict in a jury trial in the United States District Court for the Western District in a case filed by the EEOC for sexual harassment and retaliation claims. The trial lasted five days before culminating in a defense verdict.
LT VICTORIES
General Al Harvey and Kevin Baskette successfully defended a Mississippi surgeon in a medical malpractice trial in DeSoto County, Mississippi in July. After deliberations, the jury returned a unanimous verdict in favor of their client, answering “No” to the Court’s Special Interrogatory of whether the Defendant Spurgeon was negligent in his care and treatment of the plaintiff. The appellate team … Read More
LT SHOWS LEADERSHIP AT ABA ANNUAL MEETING
The American Bar Association held its annual meeting in Chicago last week, and once again this year, LT lawyers were front and center. As reported in last week’s edition, John Tarpley, Chair of the Editorial Board for the ABA Journal, hosted the celebration for the 100th anniversary of the founding of the Journal. The ABA Journal has the largest circulation … Read More
Fitness and Exercise Ease Law Practice Stress by Lisa Ramsay Cole
The practice of law is stressful, period. Technology has only increased the pressures of a legal career. When I started practicing 22 years ago, to-do lists were kept on notepads, missed calls were jotted on pink slips, and letters were dictated and typed on typewriters. If it was necessary to deliver unfavorable news to a client or opposing counsel, you sent a letter via … Read More
David Garst Recipient of American Institute of Architects/Tennessee Society Presidential Award of Excellence
David Garst received the American Institute of Architects/Tennessee Society Presidential Award of Excellence at the association’s annual convention in Knoxville on July 31, 2015. This was the second time that Mr. Garst has been honored by the AIA Tennessee. In 1997, he received the association’s Presidential Award of Merit for Distinguished Service. Please join us in congratulating Mr. Garst. David … Read More