It is not often that a Lewis Thomason litigation matter goes all the way to the United States Supreme Court. But earlier this year, Maggie Cooper and Jimmy Duckworth of LT Memphis found themselves responding to a Petition for Writ of Certiorari to the United States Supreme Court by the plaintiffs in a healthcare liability case which LT had won in the Tennessee Supreme Court.
The plaintiffs sought a review by the nation’s highest Court of the Tennessee Supreme Court’s ruling that there is no cause of action in Tennessee for disruption of family planning.
Plaintiffs contended that this decision violated the equal protection clause of the United States Constitution.
Maggie Cooper and Jimmy Duckworth prepared and submitted a brief to the United States Supreme Court arguing that the petition should be denied since the plaintiffs had waived their constitutional argument having never advanced it in the underlying proceedings in the Tennessee Courts. Maggie and Jimmy argued further that even if the constitutional issue was considered, there was no constitutional violation as the case was simply a state law healthcare liability action that was dismissed on the merits.
On May 23rd, the United States Supreme Court denied the Petition for Writ of Certiorari.
Lewis Thomason congratulates Maggie and Jimmy on their victory.
Maggie Cooper is a shareholder in the firm’s Memphis office. A native Memphian, Ms. Cooper has a diverse litigation practice, with particular emphasis in healthcare liability, transportation, and business and commercial litigation. Ms. Cooper has successfully defended cases prior to trial and through verdict in state and federal court. She routinely obtains favorable results for her clients at the appellate level as well.
Jimmy Duckworth is an associate attorney in the firm’s Memphis office. His civil practice is focused in the areas of healthcare liability, personal injury, and general civil trial work. Mr. Duckworth is also a member of the firm’s construction law and workers’ compensation practice groups.