TDLA is greatly saddened by the passing of TDLA Past President Michael J. Philbin. Mike Philbin was TDLA President from 1993-94. TDLA extends its deepest sympathies to the entire Philbin family.

Services are all at Christ the King Catholic Church, 3001 Belmont Boulevard, Nashville, TN; visitation from 5-7 p.m. on Monday, April 27, in the parish hall, and 10-11 a.m. in the church followed by Mass of Resurrection at 11 a.m. Tuesday, April 28.

TDLA is pleased to advise the bill passed through the full House today 94-0 and through the full Senate 29-2.  The bill now goes to the Governor for signature.   

Thanks to the TDLA leadership and membership for supporting this important legislation that will aide defense lawyers across the State!

We are further pleased to announce the “Givens Fix Fix” bill passed through the House Civil Justice Committee, March 31st on a voice vote. We are pleased to advise the bill passed through the Senate Judiciary Committee yesterday morning by a vote of 6-2-1. One of our Members was called upon in the Senate to testify in support of the bill on behalf of the TNDLA and was proud to do so.

The bill will next be considered by the full House and Senate. We will keep you posted.

CHARLES HAYNES v. FORMAC STABLES, INC.

Court: TN Supreme Court

Attorneys:
Justin S. Gilbert, Chattanooga, Tennessee; Jonathan L. Bobbitt, Brentwood, Tennessee; and Jessica F. Salonus, Jackson, Tennessee, for the appellant, Charles Haynes.

James M. Glasgow Jr., Union City, Tennessee; Timothy R. Holton, Memphis, Tennessee; and Michael P. McGartland and Eugene E. Borchardt, Fort Worth, Texas, for the appellee, Formac Stables, Inc.

Robert D. Meyers, Ryan M. Skertich, and Brandon D. Pettes, Memphis, Tennessee, for the amicus curiae, the Tennessee Defense Lawyers Association

Judge: WADE

The plaintiff asserted claims for retaliatory discharge pursuant to both the common law and the Tennessee Public Protection Act, alleging that the owner of the employer had engaged in illegal conduct and had terminated the plaintiff’s employment when he acted as a whistleblower by complaining of the conduct to the owner. The trial court dismissed the plaintiff’s claims because, according to his own allegations, he had not reported the illegal activity to anyone other than the person responsible for the activity. The Court of Appeals affirmed. We hold that an employee must report an employer’s wrongdoing to someone other than the wrongdoer to qualify as a whistleblower, which may require reporting to an outside entity when the wrongdoer is the manager, owner, or highest ranking officer within the company. The judgment of the Court of Appeals is affirmed.

• haynesc_032715.pdf

Congratulations to TDLA member, David Eaton, who along with his partner,  Carl Hagwood, obtained a defense verdict in a matter involving a long-term care facility.  To learn more about this verdict, please go to the Members Only section.

TDLA recently learned that its fourth president, Mac Edward Robinson, Sr., died on September 11, 2014.  TDLA wishes to express its condolences to Mr. Robinson's family.  The following obituary is reprinted from TBA Today:

Mac Edward Robinson, Sr., Age 85 of Nashville, TN, passed away on September 11, 2014. Born on August 18, 1929, he is preceded in death by his parents, Millard and Florence Stalls Robinson, and his beloved wife, Margaret Hicks Brady Robinson. He is survived by children, Mac E. Robinson, Jr. and Lee Robinson; sister, Jean Langdon and numerous cousins, nieces and nephews. Mac is also survived by special friends, Dinah Lanier, caregiver and longtime family friend, and Jeff Brown, who provided so much assistance over the years.

Mac graduated from Clarksville High School and was a member of the All State Football team. He graduated from Vanderbilt University where he also had a notable four year football career of which he was very proud and was a member of Alpha Tau Omega fraternity. After receiving his law degree from Vanderbilt Law School, he was admitted to the Tennessee Bar Association in 1956 and practiced law in Nashville for nearly 50 years. Mac was a member of the Nashville Bar Association, the Federation of Insurance Counsel and the Tennessee Defense Lawyers Association. He was a member of Belle Meade Country Club, The City Club, Cedar Creek Yacht Club and Lions Head Homeowners Association.

Mac loved to travel, play golf, hunt and he fulfilled one of his many dreams in 1972 with a six week safari hunting trip to Kenya and Tanzania. Known as "Big Mac", he always enjoyed a good story, a good laugh and socializing with friends and family. A Memorial service will be held on Tuesday, September 16th at Hillsboro Church of Christ, 5800 Hillsboro Rd., Nashville at 6 p.m., with visitation from 4 - 6 p.m. prior to the service. A private inurnment will be held later at Mt. Olivet Cemetery. Memorial donations may be made to the Nashville Humane Association or to Vanderbilt University.

TDLA congratulates Amanda Waddell and  Marty Phillips on their recent defense verdict.  To learn more about this verdict involving a reduction of hip dislocation (post hip implant three weeks prior) resulting in a femoral fracture, go to the members only section/verdicts and select either medical practice or orthopedic.

DRI has announced that TDLA President, Brad Box, is the recipient of its 2014 Fred H. Sievert Award.  This award honors an individual who, as president of a state or local defense organization, has made a significant contribution toward achieving the goals and objectives of the organized defense bar.

The formal award presentation will be held in San Francisco during the DRI Annual Meeting.  If you would like to be in attendance to see Brad presented with the award, you will need to purchase tickets for the Awards Luncheon where Vernice "FlyGirl" Armour will also speak.  (Vernice is America's first African-American female combat pilot.)

Way to go, Brad -- and keep up the great work!

TDLA learned today that former TDLA President, R. Hunter Cagle, died on March 4, 2014.  Those of us who met Hunter really appreciated his kind demeanor and enjoyed his caring nature.  Our condolences to his wife, Judy, who always provided great support to TDLA; they would have celebrated 53 years of marriage on March 18.