Litigation & Dispute Resolution
Our litigators have extensive experience in a wide range of areas of litigation and dispute resolution. We represent clients throughout the country at all levels in state and federal courts, before government agencies, and in private arbitrations and mediations. Our clients include large and small corporations and other business entities as well as individuals in all types of commercial, business, and other civil litigation. Our goal is always to achieve the best outcome in the most cost-effective manner. Our litigators have received numerous professional honors, and their work has earned them recognition by their peers and by the community in general
Appellate Practice
We regularly represent clients at every level of the state and federal appellate courts in appeals encompassing all areas of the law and often in cases that are of broad significance. Our work has resulted in scores of reported decisions in areas such as business torts, health law, constitutional law, antitrust, corporate governance, employment law, and trusts and estates.
By way of example, our recent experience included representing the Tennessee plaintiffs in the U.S. Supreme Court’s decision in Obergefell v. Hodges, which recognized a constitutional right to marriage equality for same-sex couples nationwide. Sherrard Roe also had the distinction of winning what we believe to be the largest appeal (by dollar value) in Tennessee history. Following an adverse verdict, Sherrard Roe was hired to replace trial counsel and handle the appeal following a verdict of $150 million involving insurance coverage of the Opry Mills Mall. We obtained a complete reversal of the verdict by the Tennessee Court of Appeals, resulting in not only an elimination of the $150 million verdict but also in recovery in millions of dollars of interest by our clients. Opry Mills Mall Ltd. Partnership v. Arch Ins. Co., 2018 WL 576194 (Tenn. Ct. App. Jan. 26, 2018).
Appellate litigation is a part of our firm’s DNA, dating back to Justice Bill Harbison, Sr., who practiced at this firm after serving for 16 years as a Justice of the Tennessee Supreme Court. Our former partner Andree Blumstein now serves as the Solicitor General of the State of Tennessee. A majority of our litigators served as law clerks for appellate judges in the federal or Tennessee courts before joining the firm. Our appellate practice has been recognized in The Best Lawyers in America and Super Lawyers (Corporate Counsel and Mid-South Editions).
We are skilled in providing strategic advice and guidance during the pre-trial and trial stages of litigation so that important legal issues will be preserved and the client will be best positioned for appeal. Because we are able to bring fresh ideas and special experience in conceptualizing legal issues for appeal, we are frequently asked to consult on or handle appeals in cases that Sherrard Roe did not handle at the trial level. And because our appellate practice is so highly regarded, we have been asked to file amicus curiae briefs in a number of important cases.
Bankruptcy & Creditors’ Rights
We represent creditors and other parties in interest in state court, adversary proceedings in bankruptcy court, and in workouts. Our clients include banks, mortgage servicers, note holders, and companies named as defendants in preference actions. We represent both creditors and guarantors in matters concerning the enforcement of guaranty agreements. We also represent companies seeking to purchase assets from entities in bankruptcy.
Business & Commercial Litigation
Conflicts and disagreements are sometimes inevitable. Our trial lawyers have extensive experience in a wide range of litigation and dispute resolution. We represent clients in Nashville, throughout Tennessee, and across the country at all levels of the state and federal courts and in private arbitrations and mediations. Our goal is always to achieve the best outcome in the most cost-effective manner, whether that means an early resolution or trying your case before a jury and handling appeals. Our litigators have received numerous professional honors and are respected by their peers and in the courts.
We represent a range of business entities in all varieties of disputes that they face. We are experienced in assisting large corporations, closely held companies, small partnerships, non-profit businesses, and also individual officers, directors or employees in business litigation involving breach of contract, business torts, negligence, fiduciary duties, competition, the applicability of federal and state statutes and regulations, and other business-related matters.
Sherrard Roe has an active practice in many federal courts, Chancery and Circuit Courts throughout Tennessee, and Tennessee’s Business Court. We are experienced in navigating cases into the Tennessee Business Court and using its active case-management procedures to identify more efficient and cost-effective resolutions to business disputes. In addition to pursuing litigation, appeals, arbitration, mediation and other forms of dispute resolution, we often advise clients on taking the right steps to avoid litigation.
Our breadth of litigation experience throughout the country at all court levels has made us well-versed in handling the wide variety of legal issues that can arise in commercial litigation. Whether involving disputes between two or more business entities or the deterioration of an existing business relationship, our clients turn to us for both advice and, if necessary, skilled trial practice and dispute resolution. We routinely represent both plaintiffs and defendants of all sizes in these matters.
Our specific areas of expertise in business and commercial litigation include:
- Antitrust
- Appellate Practice
- Construction
- Healthcare
- Contracts
- Fraud and other Business Torts
- Insurance Coverage Disputes
- Real Estate
- Securities
- Intellectual Property and Trade Secrets Disputes
- Transportation
- Mediation & Alternative Dispute Resolution
Class Actions
Our litigators have experience in managing complex class actions in both state and federal court. We have represented clients in a variety of industries, defending them against claims of consumer fraud, antitrust violations, unfair trade practices, and business fraud, among other claims. We also have substantial experience on the plaintiff’s side of class actions, including representing opt-out class plaintiffs to achieve individualized (and typically superior) resolutions.
Cost Recovery
Sherrard Roe Voigt & Harbison’s cost recovery practice involves some of the largest and most complex litigation in the United States. Although corporations often prefer to avoid litigation, effective plaintiff’s side representation is a means for entities with substantial claims to vindicate their rights, recover significant damages, and obtain injunctive relief to protect against future violations.
On behalf of multiple Fortune 500 and other large corporations, our firm has recovered over 1 billion dollars in costs wrongly assessed against our clients. In fact, our firm has been at the forefront of corporate cost recovery practice for nearly fifteen years. For example, our firm helped pioneer the credit cards antitrust cost recovery actions, some of which are still ongoing.
Our cost recovery practice tends to involve large multi-district actions and often includes “opt out” litigation from pending class action cases. Clients are entities with significant claims that benefit from more specified representation and tailored relief that historically is superior to what can be obtained through membership in a class. This practice began with plaintiff’s side antitrust actions, but our expertise in multi-district litigation has allowed the firm to pursue cost recovery cases across a broad range of substantive areas of law. Cases for a recovery action may arise from price fixing by suppliers, breach of contracts, mass torts, delivery of defective products by vendors, and other misconduct.
Through our cost recovery practice, we aim to avoid litigation where possible. We have developed an expertise in advising clients on pending actions and the benefits and drawbacks to pursuing individual claims. We have also developed a reputation with the defense bar that often allows us to work out favorable business concessions or other settlements at an early stage, if such resolution is conducive to our client’s best interest.
Federal, State & Local Taxation
Early involvement of tax litigation counsel is often the most effective – and efficient – way to achieve a desirable outcome when your business, large or small, is faced with a tax controversy. We are experienced in representing taxpayers with federal, state, and local tax issues at all levels of a tax dispute. In this specialized area of litigation we offer not only trial and appellate litigation services, but also counseling and representation during audits, conferences and negotiations with the taxing authorities, and administrative hearings and appeals.
High-Profile Civil Rights Cases
We have worked on some of the largest civil rights cases in the region, which have had major implications both locally and nationally. We have not hesitated to take such cases simply because of the potential for controversy. These cases have been resolved both at summary judgment and at trial, and have often involved high-stakes appeals.
Our experience spans a wide range of issues such as equal protection, Obergefell v. Hodges (marriage equality), voting rights, George v. Hargett (process for amending the state constitution), due process for state legislators, Durham v. Martin, and cruel and unusual punishment, Villegas v. Metropolitan Government of Davidson County (shackling during childbirth). We have also successfully handled complex habeas corpus cases, such as in Lovins v. Parker.
Our representations have spanned both sides of the political spectrum. Our firm has been a contributor to both the American Constitution Society and the Federalist Society, with our attorneys involved in both organizations. We believe, in the tradition of John Adams, that every person is entitled to legal representation, regardless of the politics of the moment.
Insurance Coverage Disputes
We routinely represent both policyholders and insurers on a wide variety of insurance coverage matters, including professional liability, errors and omissions, commercial general liability, and title insurance cases. We are counsel to the largest medical professional liability insurer in the region. We have particular experience in litigating declaratory judgment actions, bad faith claims and breach of contract claims. Our attorneys have extensive experience in mediating complex coverage disputes, and we are available to help insurers and policyholders resolve potential coverage issues in order to avoid litigation, when possible. Selected cases include:
- Opry Mills Mall Ltd. Partnership v. Arch Ins. Co., 2018 WL 576194 (Tenn. Ct. App. Jan. 26, 2018) (reversal of $150 million verdict due to declaration of policy limits)
- Matthews v. Storgion, 174 F. App’x 980 (6th Cir. 2006) (dismissal of claims against insurer for alleged torts of defense counsel)
- Rogers v. State Volunteer Mutual Insurance Company, 2008 Tenn. App. LEXIS 268 (Tenn. Ct. App. 2008) (dismissal of declaratory judgment action against liability insurer)
- State Volunteer Mutual Insurance Company v. Clark, No. 03-03-0145 (M.D. Tenn. 2003) (dismissal of bad faith claim counterclaim)
Intellectual Property Disputes
In today’s technological and global economy, many aspects of business and many commercial disputes involve elements of intellectual property rights. We have handled cases involving many facets of intellectual property and technology, including trade secrets, unfair competition, antitrust, computer software, internet, trademarks and copyrights. Sherrard Roe is skilled at advising individuals and business entities regarding intellectual property matters in order to avoid disputes, as well as litigating or defending claims once they have arisen.
Professional Liability
Professional services providers strive to meet and exceed the expectations of clients and patients, but despite the best efforts put forth, disputes can still arise. In some professions, there is a morass of statutes, regulations, and other administrative guidance and rules that govern provider conduct.
Our attorneys represent professionals and corporations in defending against malpractice claims or violations of applicable rules and regulations within their field. We have extensive experience defending claims against individuals, healthcare facilities, and firms alleging medical malpractice, legal malpractice, accounting malpractice, and similar matters. We also represent physicians and other healthcare providers in proceedings before professional licensing boards and government payors. Additionally, we advise clients in dissolutions of medical practices, law firms, and other business entities.
Our areas of practice include:
- Accounting Malpractice
- Business Dissolution
- Legal Malpractice
- Medical Licensing Boards
- Medical Malpractice
- Medicare and Medicaid Exclusion
Our Attorneys
- Michael G. Abelow
- C. Dewey Branstetter, Jr.
- L. Webb Campbell II
- Lauren Z. Curry
- John L. Farringer IV
- William L. Harbison
- Lisa K. Helton
- J. Scott Hickman
- Ryan T. Holt
- Amy Rao Mohan
- Eric G. Osborne
- Todd E. Panther
- Christopher C. Sabis
- Andrea J. Sinclair
- Mark T. Smith
- Carolyn S. Wenzel
- Brettson J. Bauer
- Micah Bradley
- Hunter C. Branstetter
- M. Alex Carver
- Thomas B. Hall
- Alice E. Haston
- Frances Perkins
- Will D. Pugh