Donald Capparella recently secured a win for his client, a restaurant owner who had entered into an agreement to purchase the property she had leased for many years. The owner of the property entered into a contract to sell but then refused to allow closing to proceed. The trial court determined that the contract was valid and ordered that property owner be required to sell. The Court of Appeals affirmed the trial court’s determination that the sale should proceed. Capparella was engaged to represent the restaurant owner on appeal. The Court of Appeals opinion can be read in its entirety here.
Two Family Law Wins for Appellate Practice Team; Parental Rights and Separate Property Awards at Issue
The DPBC Appellate Practice Team has seen two recent victories on appeal in family law matters. In one case, a mother’s equal parental rights were preserved when the Court of Appeals determined that the trial court had abused its discretion in reducing the mother’s parenting time and decision-making authority. DPBC’s Donald Capparella was retained to represent the mother on appeal; he was assisted on the brief by associate Kimberly Macdonald. You can read the full opinion here.
In the other recent case, Dodson Parker attorneys had successfully argued at trial that the appreciation in value of certain stock shares that had been given to a husband by his father was not marital property subject to division by the court. The Court of Appeals affirmed the trial court’s determination. The opinion in that case can be found here.
The Dodson Parker appellate practice team regularly handles complex divorces. Learn more about our appellate practice team.
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.
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.
The Tennessee Supreme Court’s Access to Justice Commission held its annual Pro Bono Summit at the Nashville Public Library on April 5. Margaret L. Behm, who was appointed by the Court to chair the inaugural Access to Justice Commission in 2009, was a featured presenter. Behm lead a break-out session for solo practitioners and local law firms, discussing ways that small firms can incorporate providing pro bono services into their case load.
Covington G. Dismukes was the featured speaker at the March 19 meeting of the Murfreesboro Estate Planning Council. She led a discussion on estate planning titled “Wow, I Didn’t Know That – What Planners and Practitioners Need to Know Today and Tomorrow.” The Council consists of Murfreesboro-area attorneys, trust advisors, and other professionals who focus on estate planning matters.
Donald Capparella was featured presenter at theTennessee Bar Association’s March 21 Tort, Insurance, and Appellate Practice Forum 2019 in Nashville. His presentation, “Appeals in Tort Litigation,” discussed current trends in tort litigation and provided lawyers with practice tips for addressing tort issues in an appellate court.
DPBC attorney Michael B. Bressman was inducted as a fellow of the Nashville Bar Foundation on March 9, 2019. The NBF Fellows Program was established in 1991 as a way for the bar to honor its colleagues who have contributed significantly to the community. Devotion to service to the client and to the public interest are hallmarks of the program. Fellows are selected by their colleagues, and each class of Fellows is limited to approximately 2% of the bar in Nashville.
Bressman practices a wide variety of business law and litigation. In particular, Michael’s continued work in intellectual property and cyberspace law make him an invaluable resource for business clients navigating the ever-evolving technological landscape. Michael is listed in 2019 editions of The Best Lawyers in America© in the fields of Art Law, Information Technology Law, and Trademark Law.