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Bucking a trend in lawsuits around the country, the U.S. Sixth Circuit Court of Appeals has determined that online retailer Amazon can be held liable for damages in a case stemming from an “exploding hoverboard” that it sold through its website. DPBC’s Donald Capparella was appellate counsel along with Stephen Anderson in the successful appeal.
Amazon filed a motion for summary judgment, alleging that it was not responsible for the harm caused by the product under Tennessee law, and the United States District Court for the Middle District of Tennessee granted the motion, dismissing the case. The Plaintiffs appealed. In its June 10 opinion, the United States Court of Appeals for the Sixth Circuit reversed the summary judgment on the Tennessee tort law claim, holding that Amazon can be held liable for its assumption of a duty to warn about the dangerous hoverboard, and its negligence in fulfilling that duty. This will allow the Plaintiffs to proceed with their case against Amazon, Inc. before a jury.
On May 31, lawyers and judges from across the state gathered at the Tennessee Supreme Court to honor the accomplishments of the Honorable Martha Craig “Cissy” Daughtrey, Senior United States Circuit Judge for the United States Court of Appeals, Sixth Circuit. In recognition of Judge Daugherty’s many accomplishments, her portrait was unveiled and will hang at the Tennessee Supreme Court Building–making her the first woman to be so honored. Judge Daughtrey also holds the distinction of being the first woman Assistant U.S. Attorney for the Middle District of Tennessee, the first tenure-track female faculty member at Vanderbilt University School of Law, the first woman to serve as judge for a court of record in the state, and the first woman to be named a Justice on the Tennessee Supreme Court.
DPBC’s Margaret L. Behm, who helped spearhead the effort to honor Judge Daughtrey, served as host for the ceremony, which included remarks from Tennessee Supreme Court Justice Connie Clark as well as current Chief Justice of the Tennessee Supreme Court Jeff Bivins.
Official coverage of the event by the Tennessee Administrative Office of the Courts can be found here.
Dodson Parker Behm and Capparella is pleased to have three lawyers included among the Nashville Business Journal’s 2019 “Best of the Bar.” The annual list is complied through nomination, and attorneys are selected by their peers for inclusion. Attorneys will be honored at a reception on June 18 at the City Winery.
- Harlan Dodson was honored in field of Estate Planning. He is the founder and co-author of Introduction to Estate Planning and Administration in Tennessee. He also counsels businesses on matters ranging from startup and formation through business succession planning.
- Margaret Behm was selected in the field of Labor and Employment. In addition to her employment work, Behm represents clients in matters related to municipal law, estate planning, bankruptcy, and commercial litigation.
- Donald Capparella was named in the Litigation and Dispute category. Focusing his practice exclusively on litigation, Capparella is regularly called upon to handle complex matters including construction defects, business disputes, personal injury, and insurance disputes at the trial and appellate level.
Each attorney above has been named previously to the list, and firm attorneys have been named to the Nashville Business Journal’s “Best of the Bar” List for more than ten consecutive years.
Paul S. Parker will be a featured speaker at the National Business Institute’s “Estate Planning from A to Z” seminar. The event, which will be held August 5, 2019, in Nashville, focuses on current issues in estate administration and is designed for attorneys, trust officers, accountants, financial planners, paralegals, and other tax professionals.
Parker will lead a session entitled “Understanding Tax Procedures to Avoid Problems Later” and will address important tax issues that must be considered during estate administration.
For more information, or to register to attend, please click here.
Parker, a frequent speaker for the National Business Institute, has been recognized multiple times by Super Lawyers® on its Annual List of Top Attorneys in the Mid-South. Parker practices in the areas of tax, estate planning, and probate.
On May 4, DPBC Attorney Harlan Dodson was awarded the Lifetime Impact Award from Oasis Center, the Nashville non-profit that serves more than 3000 youth annually with its programming ranging from crisis intervention to youth leadership and college and career readiness. The award was presented at the center’s annual “Only In Nashville” event, held this year at OZ Nashville. Mr. Dodson’s award reflects his 50 years of service to the institution as a founder and volunteer.
In 1969, Dodson was among a group of Nashville lawyers who established a community center for runaway teens and youth struggling with addiction. The organization grew into the Oasis Center, which today offers more than 20 programs and services focusing on four core areas of serving youth in need: Safety, Belonging, Empowerment, and Generosity. You can learn more about the Oasis Center here.
–Margaret L. Behm, Founding Partner
–Harlan Dodson, Founding Partner
–Tyler Chance Yarbro, Managing Partner