Appellate Practice Section

This is TBA’s newest section and was created by TBA leadership to provide members the opportunity to come together for the purposes of exchanging information and to provide CLE on appellate practice issues.

Vice-Chair
Tennessee Atty General's...
P.O. Box 20207
Nashville, TN 37202-0207
(615)532-7358
Immediate Past Chair
Baker, Donelson, Bearman, Caldwell...
165 Madison Ave Suite 2000
Memphis, TN 38103
(901)577-2256
Staff Coordinator
Tennessee Bar Association
221 4th Avenue N. Suite 400
Nashville, TN 37219
(615)383-7421

Judge Overturns $19 Million Award to Nashville-based Company

A Nashville-based physician services company will not receive $19 million in damages from a rival company after a Tennessee Court of Appeals judge overturned a 2016 ruling, The Nashville Post reports. Nashville's SpecialtyCare sued Pennsylvania-based Medsurant in 2015 over Medsurant's alleged interference in SpecialtyCare's takeover of a smaller company. Davidson County Chancellor Carol McCoy cited Medsurant repeatedly for not cooperating in the discovery process, and eventually ruled against them on the basis of intentionally destroying evidence to avoid liability. Medsurant's attorneys - Brant Phillips, Russell Stair and Matt Sinback of Bass Berry & Sims; Bob Mendes of Waypoint Law and Richard Simins of Montgomery McCracken Walker & Rhoads - appealed, arguing that the chancellor had made numerous mistakes, the punitive damages were excessive and their clients had overall not received a fair hearing. Judge Kenny Armstrong agreed. "From the totality of the circumstances, we conclude that the grant of default judgment as a sanction for discovery abuses was error," Armstrong wrote.

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