Legal Victories for Plaintiffs

 

• Drafted Plaintiff's Motion for Sanctions for Spoliation of Evidence, which requests the Court to strike the Defendant's Answer and Defenses arguing that the Defendant should not be permitted to defend itself after destroying all of the material evidence in this premises liability case. 

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• Plaintiffs' Verdict for all damages sought and awarded attorneys' fees, prejudgment interest and post-judgment interest in Breach of Contract Case.

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• Drafted and won Plaintiff's Motion for Summary Judgment on the Issue of Liability in a car wreck case.

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• Drafted Plaintiff's Motion for Summary Judgment on the Issue of Liability in a car wreck case, refused to let the defendant amend his answer to admit fault and the case settled the day before oral arguments for the Motion for Summary Judgment.

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• Helped car accident victim recover the full limits of liability from the at-fault driver and then recovered the full $300,000 Underinsured Motorist policy limits prior to filing suit.

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• Assisted in obtaining summary judgment on the issue of liability in a wrongful death case for the estate of the driver killed in this trucking accident. Case settled prior to trial for over $3,000,000.

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• Victorious in obtaining a Temporary Restraining Order (very difficult to obtain as it necessarily involves denying due process rights, such as notice and an opportunity to be heard prior to the deprivation of a legal right, and is only awarded in extraordinary circumstances) against a nationwide insurance company for mistreating its insureds.

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Legal Victories for Defendants

 

• Drafted a winning Motion for Summary Judgment for a multi-billion dollar defendant in a $900,000 premises liability slip-and-fall case.

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• Drafted a winning Motion to Dismiss in a medical malpractice case alleging negligent installation of an IUD (birth control device).

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• Drafted a strong Motion for Judgment on the Pleadings in a tortious interference of business expectations case and the Plaintiff non-suited (dismissed her case) prior to oral arguments on the motion.

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• Plaintiff alleged $250,000 in damages, but after I took depositions and exposed devastating facts, we strong-armed a $15,000 settlement for a nuisance value.

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• Drafted, argued and won Motion for Summary Judgment in a premises liability dog bite case filed against a HOA management company involving a Pit Bull named King.

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• Drafted, argued and won a hotly contested case for a hotel defendant involving a co-defendant's cross-claim for implied indemnity.

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• Drafted, argued and won a corporate defendant's Motion to Dismiss with Prejudice against a Plaintiff who was rear-ended by the corporate defendant's employee.

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• Drafted, argued and won an employee-driver's Motion to Dismiss for Prejudice against a Plaintiff whom he rear-ended (same case as above but on completely different grounds).

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• Drafted, argued and won a Motion to Dismiss for a University Athletic Trainer whom was personally sued for alleged malpractice committed treating a collegiate athlete.

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• Drafted, argued and won a Tennessee Court of Appeals case involving a co-defendant's claim for implied indemnity.

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• Drafted, argued and won a Motion for Summary Judgment for Restaurant Owner #1 in a premises liability case where the Plaintiff unsuccessfully tried to pierce the corporate veil by suing Restaurant Owner #1 personally for the acts of his business.

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• Drafted, argued and won a Motion for Summary Judgment for Restaurant Owner #2 in a premises liability case where the Plaintiff unsuccessfully tried to pierce the corporate veil by suing Restaurant Owner #2 personally for the acts of his business.

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• On remand from the Court of Appeals in the hotel implied indemnity case, I filed a Motion for Summary Judgment (which prevents the Plaintiff from dismissing his case) and then put the co-defendant on notice of intent to file a Motion for Sanctions for a frivolous claim and for attorneys' fees if the co-defendant's claim for implied indemnity was not dismissed immediately. The case was dismissed (10/2018).

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• Drafted a Motion to Dismiss the Plaintiff's premises liability case, which ultimately forced the Plaintiff to file a second nonsuit before oral arguments. By operation of law on the second nonsuit, the case was dismissed with prejudice.

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• Drafted a Motion for Summary Judgment for Spoliation of Evidence for franchise owner of a multi-billion dollar national food chain after the Plaintiff alleged breaking a tooth after biting a bone in a ground beef chalupa. Case settled for nuisance value (i.e., barely over four figures) after the opposing party "lost" the material evidence.

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• Drafted a Motion to Dismiss in a premises liability case and forced the Plaintiff to non-suit after realizing he did not have a legally cognizable claim against my defendant.

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