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.

Burch, Porter & Johnson PLLC
130 N. Court Ave
Memphis, TN 38103

Former Davidson Judge Files Suit Against VW

Former Davidson County Judge Walter Kurtz filed a class-action suit against Volkswagen, claiming the automaker's intentional installation of a a device in its diesel cars to cheat emissions tests constitutes unjust enrichment, fraud and negligent misrepresentation, the Nashville Post reports. Kurtz purchased one of the company's affected models. "Judge Kurtz filed this lawsuit on behalf of himself and all other individuals like him who purchased one of these vehicles in Tennessee and around the country," said lawyers with Nashville firm Barrett Johnston Martin & Garrison, who are representing Kurtz. 

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Supreme Court Dismisses Claims Against Clarksville

The Tennessee Supreme Court dismissed a complaint against the city of Clarksville after ruling that claims made by Richard Moreno, who was injured by a tree on state property in Clarksville, were filed too late and should be dismissed. Moreno waited nearly a year after the 2009 incident to file a complaint against the state and later filed against Clarksville. The Supreme Court reversed the Court of Appeals and affirmed the trial court’s dismissal of Moreno’s complaint against Clarksville. In his dissent, Justice Gary R. Wade wrote, “a ‘notice of claim’ qualifies as an ‘original complaint initiating a suit’ because the notice meets the traditional definition of a ‘complaint’ and its filing has the same effect.” Read the majority opinion

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