Litigation Section

This section provides the trial attorney with information on the most recent trends in trial techniques through annual seminars and its newsletter. The section currently produces a quarterly case update to the members of the section.

Immediate Past Chair
Owings, Wilson & Coleman
800 Riverview Twr 900 S Gay St
Knoxville, TN 37902
Gullett, Sanford, Robinson, &...
150 Third Ave So, Ste 1700
Nashville, TN 37201
Woolf, McClane, Bright, Allen...
900 S. Gay Street, Suite 900
Knoxville, TN 37902-1848
Staff Coordinator
Tennessee Bar Association
221 4th Avenue N. Suite 400
Nashville, TN 37219

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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