practice focus

ARBITRATION

Served as an Arbitrator since 1992 in over 50 cases. Joe has Arbitrated a broad variety of cases; employment, construction, employment,commercial, and personal injury. He was selected for the American Arbitration Association Panels of Arbitrators for Commercial; Construction; and Employment cases.  He recently was appointed to serve on a Panel of Arbitrators regarding an insurance coverage dispute between a city and insurer over a construction claim in excess of 1 Million dollars.

He serves as a “Public Arbitrator” for the Financial Industry Regulatory Authority (FINRA )for securities and employment issues.

ALTERNATIVE DISPUTE RESOLUTION CONSULTING

Consultant for the development of a Provider Dispute Resolution Plan by a health care insurer that utilizes Mediation and Arbitration. Created Employee Dispute Resolution Plan for fast food restaurant chain to resolve employment disputes utilizing arbitration rather than litigation.

ALTERNATIVE DISPUTE RESOLUTION EDUCATION

On site training for law firms regarding creative use of ADR concepts. Lecturer and trainer with Private Dispute Resolution Services for Rule 31 Mediators and Mediation Advocates.

Trainer for advanced mediation techniques for Administrative Law Judges of State of Tennessee.

AVIATION

Successfully defended flight instructor for alleged negligence in flight instruction of student pilot. Defense of death and multiple injuries arising from crash involving alleged regulatory violations by A & P Mechanic.

BOARD OF MEDICAL EXAMINERS

Representation of physicians before Board of Medical Examiners regarding attempt to revoke license to practice medicine. Experience with Physicians help Physicians Program of Tennessee Medical Society.

COMMERCIAL LITIGATION

Represents major health care insurer in litigation regarding complex contracts. Joe routinely represents companies in contract and other types of commercial litigation such as non-compete agreements.

CONDEMNATION

Representation of restaurant chain in series of condemnation cases involving issues of right to condemn, valuation, re-design to cure damage to remainder issues, business losses. Successful defense and negotiation resulted in payment to owner of $ 600,000.00

in compensation for condemnation of property. Aggressive litigation forced Georgia DOT to withdraw condemnation petition at another commercial site.

CONSTRUCTION

Represents contractors and specialty contractors in variety of construction disputes.

ON LINE--- CONTINUING LEGAL EDUCATION COURSES

Joe created the “ADR Professor Series” of on line courses on Mediation and Arbitration. This ADR Professor Series consists of nine (9) courses and has received great reviews.These courses are available at: www.lawyerslearn.com.

EMPLOYMENT

Representation of both employers and employees in various areas of Title VII; Age Discrimination; Americans with Disabilities Act;discrimination in public accommodation; and retaliatory discharge issues.Represents restaurant chain for all charges of discrimination filed against employer. 

Joe serves as an Arbitrator and Mediator in the employment area. Mediation can be a very effective tool for resolving an employee dispute and retaining the employee as a member of the company’s team.

HEALTHCARE

Represents a major health insurer regarding provider credentialing/termination issues, contracts and disputes with providers. This includes representing the company in arbitration proceedings.

INSURANCE DEFENSE

Joe began his career representing clients through their insurors. He continues to represent such clients in the area of professional liability and employment cases.

SMALL BUSINESS

Advises and counsels businesses on a variety of matters.This includes employee issues and contractual disputes. He represents various companies when necessary in lawsuits. 

MEDIATION

Joe was an early proponent of Alternative Dispute Resolution (ADR) in Tennessee. He is one of Tennessee’s most prolific writers and lecturers on ADR. Indeed, he is the Senior Author of the Tennessee Alternative Dispute Resolution Handbook (Harrison 1997). He is a Rule 31 Listed Mediator by the Tennessee Supreme Court in both General Civil and Family Mediation. Joe has mediated cases ranging from employment matters to accounting malpractice to medical malpractice to construction disputes to commercial contracts and personal injury cases.

PARTNERSHIP DISSOLUTION

Joe represented a current Circuit Court Judge in litigation with a former partner arising from the partnership dissolution. Joe recovered a judgment in excess of $ 100,000 for his client.

PERSONAL INJURY

Joe continues to represent injured people in a variety of areas from car wrecks to workers compensation to products liability.

PRODUCT LIABILITY

Joe served as Regional Counsel for a large manufacturer in numerous cases involving allegations of strict liability and misrepresentation of its commercial equipment.

PUBLIC INTEREST LAW

Joe represented a group of citizens who filed a recall petition against the Mayor of the City of Chattanooga.

SHOOTING RANGES

Joe represented the only public Skeet Range in Hamilton County and successfully prevented efforts to close the facility by Hamilton County. Recently, Joe represented a family and sued a city shooting range due to the proximity of the range and its dangerous condition of the shooting range. The city ultimately purchased the clients’ property enabling them to move away from the dangerous situation.

TENNCARE

In the early days of TennCare, Joe represented a Managed Care Organization in numerous administrative hearings regarding the benefits provided by the program. 

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