
John A. Day
jday@johndaylegal.com
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Phone: (615) 742-4880
Fax: (615) 742-4881
5141 Virginia Way #270
Brentwood, Tennessee 37027
Education
- University of Wisconsin-Platteville, B.S.
- University of North Carolina at Chapel Hill, J.D.
Publications & Speeches
Publications
- Day, J.A., and Capparella, D. – Tennessee Law of Comparative Fault (1997)
- Day, J.A., Capparella, D., and Wood, J.D. – Tennessee Law of Comparative Fault (2d ed. 2002) (supplemented yearly)
- Day, J.A., Capparella, D., and Wood, J.D. – Tennessee Law of Comparative Fault (3d ed. 2008) (supplemented yearly)
- Day, J.A. – Day on Torts: A Handbook for Tennessee Tort Lawyers – 2008 (published 2007)
- Day, J.A. – Day on Torts: A Handbook for Tennessee Tort Lawyers – 2009 (published 2008)
- Day, J.A. – Day on Torts: A Handbook for Tennessee Tort Lawyers – 3rd Edition (published 2010) (supplemented August 2012 and June 2016)
- Day, J.A. – Compendium of Tennessee Tort Reform Statutes and Related Case Law, 2009- 2012 (published 2012)
- Day, J.A. – Compendium of Tennessee Tort Reform Statutes and Related Case Law – Second Edition, 2008- 2012 (published 2013)
- Day, J.A. – Tennessee Law of Civil Trial (published 2014)
- Day, J.A. – Compendium of Tennessee Tort Reform Statutes and Related Case Law – Third Edition, 2008-2014 (published 2014)
- Day, J.A. – Compendium of Tennessee Tort Reform Statutes and Related Case Law – Fourth Edition, 2008-2015 (published 2015)
- Day, J.A. – Motion Practice for Tennessee Personal Injury Lawyers (published 2015)
- Day, J.A. – Compendium of Tennessee Tort Reform Statutes and Related Case Law – Fifth Edition, 2008-2016 (published 2016)
- Founder and Editor – Tennessee Tort Law Letter (1995 – Sept. 2008)
- Publisher, Founder and Editor – Tennessee Trial Law Report (Nov. 2008 – Oct. 2013)
- Publisher, Founder and Editor – Legal Summit (September 2017 – Present)
- "Damages for Fear of Future Surgery," The Tennessee Trial Lawyer (Winter 1986)
- "The Insurance Crisis: The Myths and The Facts," The Tennessee Trial Lawyer (Spring 1987); reprinted in The New Jersey Trial Lawyer (Summer 1987)
- "Elderly Personal Injury Victims,"Trial (April 1988)
- "Requests for Admissions,"Federal Litigation Guide (chapter revision) (1989)
- "Proof and Argument of Damages for Elderly Personal Injury Victims,"5 American Jurisprudence Proof of Facts 3d (1989)
- "Evaluating the Potential Medical Negligence Case,"Trial Diplomacy Journal, (Vol. 4, No. 12, (1989); reprinted in The Tennessee Trial Lawyer (Vol. 11, No. 2)
- "The Role of the Plaintiff's Lawyer,"Fetal Assessment: Physiological, Clinical, and Medicolegal Principles, (Boehm, F.A. and Eden, R.D. eds.) (1990)
- "Physical and Mental Examinations of Persons,"Federal Litigation Guide (chapter revision) (1990)
- Review of "Winning Trial Advocacy: How to Avoid Mistakes Made by Master Trial Lawyers" by Julius B. Levine, Trial (September 1990)
- "Nursing Home Litigation,"Trial (April 1991)
- "Duty to Warn of Potential Drug Interactions: The Pharmacist's Role," Day, J.A. and Marks, C., Trial Diplomacy Journal, Vol. 14, No. 2; reprinted in Pharmacy Law Annual (1991).
- "Mix, But No Match: Preparing a Case Against Pharmacists for Failure to Warn About Drug Interactions,"Verdict, Vol. 18, No. 3 (1993)
- "Proposed Rule Changes,"The Tennessee Trial Lawyer (Spring 1992)
- "Civil Appellate Review,"The Tennessee Trial Lawyer (August 1992)
- "Civil Appellate Review - One Step Forward, Two Steps Back,"The Tennessee Trial Lawyer (November 1992)
- "Comparative Fault Cases Pending Before the Tennessee Supreme Court," The Tennessee Trial Lawyer, Vol. 17, No. 4 (Winter 1998)
- " Calaway v. Schucker: Will the Statute of Repose Bar Kaitlyn’s Claim?" The Tennessee Trial Lawyer, Vol. 24, No. 1 (Spring 2005)
- "The Assault on Patient’s Rights," The Tennessee Trial Lawyer, Vol. 25 No. 1 (Spring 2006)
- "The Economics of Case Acceptance," The Tennessee Trial Lawyer, Vol. 25 No. 3 (Fall 2006)
- "Should You Risk Taking the Case?" Trial (January 2008)
- "What it Takes to be A Great Trial Lawyer," The Verdict, Spring 2008; reprinted in Tennessee Bar Journal (November 2008) (Feature Article); reprinted in Ohio Trial (Fall 2008); reprinted in The Prairie Barrister (Winter 2008); reprinted in Tennessee Trial Lawyer (Spring 2009)
- "The New New Medical Malpractice Notice and Certificate of Good Faith Statutes," Tennessee Bar Journal, July 2009 (Cover Story)
- "Think Ahead: Mills v. Fulmarque Reinforces Importance of Strategic Thinking," Tennessee Bar Journal (May 2012) (Cover Story)
Articles for "Day on Torts" Column
- "Issues Raised by Jordan" (December 1999)
- "Proof in Outrageous Conduct Cases" (January 2000)
- "Made Whole?" (February 2000)
- "The Law of Informed Consent" (April 2000)
- "No Fault for Phantoms" (June 2000)
- "Subrogation of Future Medical Payments" (August 2000)
- "TennCare Subrogation Changes Again" (October 2000)
- "Plaintiffs Must Bear Cost of Immunity" (December 2000)
- "Loss of Filial Consortium" (May 2001)
- "Fear the Dark No More" (September 2001)
- "Do You Believe In Magic?" (January 2002)
- "’Jordan’ Stew" (May 2002)
- "Tort Law ‘Blue Chippers’" (September 2002)
- "Tort Law ‘Blue Chippers’, Part 2" (January 2003)
- "Things That Go Bump in the Night" (May 2004)
- "Abandoning Stare Decisis Is Sometimes the Best Course" (September 2004)
- "A Primer on the Law of Negligent Infliction of Emotional Distress" (May 2005)
- "Ex Parte Communications with Treating Physicians (September 2005)
- "What Constitutes ‘Bad Faith’ in Tennessee? (January 2006)
- "You Sunk My Lifeboat!" (May 2006)
- "Can a Minor Sue for Pre-Majority Medical Expenses?" (January 2007)
- "Corporate Veil Not Pierced in Business Tort Case" (May 2007)
- "Be Careful What You Say" (September 2007)
- "Strike One, You’re Out" (January 2008)
- "Discovery Rule: Opinion Causes Headache" (May 2008)
- "NEID Claims After Flax and Eskin" (January 2009)
- "Recreation Limits Litigation" (May 2009)
- "Party Planning for Tort Lawyers" (November 2009)
- "Hoping Don’t Make It So" (May 2010)
- "Lack of Parachute Results in Fatal Fall" (October 2010)
- "Presents from ‘Round Back of the Tree" (January 2011)
- "That’s (Not) a Fact, Jack" (May 2011)
- "Who Should Get Burned by Bruce’s Torch?" (September 2011)
- "Retailers Escape Responsibility for Dangerous Foreign-Made Products" (January 2012)
- "Distribution of Net Proceeds in Tennessee Wrongful Death Cases" (September 2012)
- "Tenn. Code Ann. § 55-10-311(a): What Does it Mean?" (January 2013)
- "Of Tulip Trees and the Common Law" (May 2013)
- "Protecting Yourself from Statutes of Repose" (January 2014)
- "T.C.A. § 20-1-119 and Federal Courts" (May 2014)
- "Venue in Tennessee Personal Injury and Wrongful Death Cases" (September 2014)
- "Some Facts on Tort Cases in Tennessee" (May 2015)
- "Same Sex Marriage and Loss of Consortium Claims" (September 2015)
- "Don Margolis, Moreno and Unintended Consequences" (January 2016)
- "Surviving Spouses and Wrongful Death Claims" (May 2016)
- "Harmed Twice" (September 2016)
- "Statute of Limitations for Child Sexual Abuse Claims" (January 2017)
- "Mothers, Minors and Medical Bills" (May 2017)
- "Forum Not Agreeing" (September 2017)
- "Expanding Liability – Litigation Against Bars and Restaurants Serving Alcoholic Beverages"
- Tennessee Trial Lawyers Association
- Knoxville, Tennessee (March 30, 1984)
- Nashville, Tennessee (March 31, 1984)
- Memphis, Tennessee (April 14, 1984)
- Tennessee Trial Lawyers Association
- "Proof of Damages"
- Tennessee Trial Lawyers Association
- Nashville, Tennessee (March 4, 1985)
- Tennessee Trial Lawyers Association
- "Negligent Highway Design and Maintenance"
- Tennessee Trial Lawyers Association
- Nashville, Tennessee (April 13, 1985)
- Knoxville, Tennessee (April 20, 1985)
- Memphis, Tennessee (May 4, 1985)
- Tennessee Trial Lawyers Association
- "Is the Medical Negligence Insurance Crisis Real?"
- Nashville, Tennessee (May 20, 1985)
- "Use of a Vocational Rehabilitation Expert"
- Tennessee Trial Lawyers Association
- Memphis, Tennessee (October 12, 1985)
- Jackson, Tennessee (October 19, 1985)
- Nashville, Tennessee (October 26, 1985)
- Knoxville, Tennessee (November 9, 1985)
- Johnson City, Tennessee (November 15, 1985)
- Chattanooga, Tennessee (November 23, 1985)
- Tennessee Trial Lawyers Association
- Faculty, National College of Trial Advocacy
- Birmingham, Alabama (March 1986)
- Miami, Florida (March 1987)
- Nashville, Tennessee (November 1987)
- Detroit, Michigan (March 1989)
- San Antonio, Texas (March 1991)
- Safety Harbor, Florida (February 1999)
- Harvard, Cambridge, Massachusetts (March 2000)
- "Tort Reform: An Update for Lawyers"
- Nashville, Tennessee (August 8, 1986)
- "Civil Practice - Plaintiff's Perspective"
- Nashville, Tennessee (October 28, 1986)
- "Effective Opening Statements - One Attorney's View"
- Tuscaloosa, Alabama (September 12, 1986)
- Knoxville, Tennessee (October 17, 1986)
- Johnson City, Tennessee (November 7, 1986)
- "Recognizing the Claim - Medical Malpractice"
- New York, New York (July 15, 1986)
- Participant, Medical Malpractice Mock Trial
- Nashville, Tennessee (December 2, 1986)
- "Discovery Basics"
- Nashville, Tennessee (May 20, 1987)
- Nashville, Tennessee (October 7, 1987)
- "Civil Practice - Plaintiff's Perspective"
- Nashville, Tennessee (October 27, 1987)
- "Arguing Damages On Behalf of the Elderly"
- Dallas, Texas (October 24, 1987)
- Panelist, "Perinatal Asphyxia - Who's at Fault?"
- Pediatric Grand Rounds, Vanderbilt University Medical Center
- Nashville, Tennessee (April 6, 1988)
- Pediatric Grand Rounds, Vanderbilt University Medical Center
- "Accident Arbitration - Plaintiff's Perspective"
- Fall Creek Falls State Park (May 6, 1988)
- "1988 Legislative Update"
- Memphis, Tennessee (June 16, 1988)
- "How an Attorney for the Plaintiff Evaluates Malpractice Cases"
- Incoming House Staff Orientation, Vanderbilt University Medical Center
- Nashville, Tennessee (June 27, 1988)
- Incoming House Staff Orientation, Vanderbilt University Medical Center
- Faculty, National Institute of Trial Advocacy (NITA)
- Nashville, Tennessee (June 1988)
- "Civil Practice - Plaintiff's Perspective"
- Nashville, Tennessee (October 24, 1988)
- "Requests to Admit"
- Murfreesboro, Tennessee (December 2, 1988)
- "Arguing Damages on Behalf of the Elderly"
- Tampa, Florida (February 2, 1989)
- Nashville, Tennessee (May 26-27, 1989)
- "Evaluating the Medical Negligence Claim"
- Bowling Green, Kentucky (June 16, 1989)
- "Civil Litigation"
- Tennessee Young Lawyers Conference - Tennessee Bar Association
- Nashville, Tennessee (October 23, 1989)
- Knoxville, Tennessee (October 24, 1989)
- Memphis, Tennessee (November 7, 1989)
- Tennessee Young Lawyers Conference - Tennessee Bar Association
- "Motion Practice"
- Tennessee Young Lawyers Conference - Trial Practice Institute
- Nashville, Tennessee (October 20, 1989)
- Kingsport, Tennessee (November 16, 1989)
- Knoxville, Tennessee (November 17, 1989)
- Memphis, Tennessee (December 8, 1989)
- Tennessee Young Lawyers Conference - Trial Practice Institute
- "Evaluating Potential Medical Negligence Claims (How to Avoid Misery and Financial Ruin in Case Selection)"
- Upper Cumberland Trial Lawyers Association Annual Seminar (August 31, 1990)
- Trial Strategies Seminar – Nashville Bar Association (February 18, 1997)
- Panelist, Senior Safety Conference, Sponsored by Association of Trial Lawyers of America and Johns Hopkins Injury Prevention Center
- Washington, D.C. (October 10, 1990)
- "Requests for Admissions - Another Weapon in the Trial Lawyer's Arsenal"
- Wisconsin State Bar Association Midwinter Convention
- Milwaukee, Wisconsin (January 17, 1991)
- Wisconsin State Bar Association Midwinter Convention
- "Duty to Warn of Potential Drug Interactions: The Pharmacist's Role"
- ATLA National College of Advocacy Seminar
- Chicago, Illinois (May 16-17, 1991)
- Emerging Trends in Litigation Seminar
- Washington, D.C. (October 16-17, 1991)
- Georgia Trial Lawyers Seminar
- Atlanta, Georgia (December 13, 1991)
- Alabama Trial Lawyers Association
- Birmingham, Alabama (January 24, 1992)
- Tennessee Pharmacists Association
- Nashville, Tennessee (June 22, 1992)
- Mississippi Trial Lawyers Association
- Tupelo, Mississippi (November 20, 1992)
- Kentucky Academy of Trial Attorneys
- Louisville, Kentucky (September 24, 1993)
- Southern Trial Lawyers Association
- New Orleans, Louisiana (February 1994)
- Mississippi Trial Lawyers Association
- Biloxi, Mississippi (May 19-20, 1994)
- Mississippi School of Pharmacy
- Oxford, Mississippi (July 1995)
- ATLA National College of Advocacy Seminar
- "Tennessee Law of Comparative Fault" 1992 Update
- Tennessee Trial Lawyers Association Annual Convention
- Nashville, Tennessee (June 1992)
- Nashville Bar Association
- Nashville, Tennessee (June 1992)
- Nashville Bar Association Back to School Seminar
- Nashville, Tennessee (October 12, 1993)
- Tennessee Trial Lawyers Association Annual Convention
- "Continuing Legal Education"
- Association of Trial Lawyers of America & NATLE Leadership/Legislative Conference
- Santa Fe, New Mexico (November 13-14, 1992)
- Association of Trial Lawyers of America & NATLE Leadership/Legislative Conference
- "Appellate Practice & Procedure"
- Tennessee Trial Lawyers Association Annual Review Seminars
- Chattanooga, Tennessee (November 1992)
- Memphis, Tennessee (November 1992)
- Knoxville, Tennessee (December 1992)
- Nashville, Tennessee (December 1992)
- Tennessee Trial Lawyers Association Annual Review Seminars
- "New Issues Facing the Trial Lawyer"
- Tennessee Trial Lawyers Association Seminars on Applying the New Comparative Negligence Law to Your Tort Cases
- Cookeville, Tennessee (March 1993)
- Jackson, Tennessee (March 1993)
- Knoxville, Tennessee (March 1993)
- Tennessee Trial Lawyers Association Seminars on Applying the New Comparative Negligence Law to Your Tort Cases
- "Tennessee Law of Comparative Fault" 1995 Update
- Tennessee General Sessions Judges Conference
- Knoxville, Tennessee (September 28, 1995)
- Tennessee Judicial Conference
- Sparta, Tennessee (October 25, 1995)
- Upper Cumberland Bar Association
- Cookeville, Tennessee (November 17, 1995)
- Tennessee General Sessions Judges Conference
- "Accident Reconstruction"
- ATLA Workhorse Seminar
- Dallas, Texas (September 23, 1995)
- ATLA Workhorse Seminar
- "Federal Court Litigation"
- Nashville, Tennessee (November 14, 1995)
- "Tennessee Law of Comparative Fault" 1996 Update
- Tennessee Trial Lawyers Association
- Nashville, Tennessee (February 13, 1996)
- Memphis, Tennessee (March 29, 1996)
- Tennessee Bar Association
- Memphis, Tennessee (May 2, 1996)
- Knoxville, Tennessee (May 9, 1996)
- Nashville, Tennessee (May 16, 1996)
- Tennessee Judicial Conference (October 22-25, 1996)
- Tennessee Trial Lawyers Association
- "Twenty-Five (or so) Things to Think About As We Struggle to Juggle Our Law Practice and Our Life"
- Kentucky Academy of Trial Attorneys (September 19-20, 1996)
- "Damages - How to Protect Your Client from Ruining the Case and Other Tips"
- Trial Strategies Seminar – Nashville Bar Association (February 18, 1997)
- "Tennessee Law of Comparative Fault" 1997 Update
- Tennessee Trial Lawyers Association (February 11, 1997)
- Bench Bar Conference – Memphis Bar Association
- Hot Springs, Arkansas (March 21, 1997)
- Tennessee Bar Association
- Knoxville, Tennessee (May 16, 1997)
- Nashville, Tennessee (May 22, 1997)
- Memphis, Tennessee (May 30, 1997)
- Tennessee Judicial Conference (September 26, 1997 and October 21, 1997)
- Montgomery County Bar Association (December 1997)
- Tennessee Bar Association (January 1998)
- Tennessee Trial Lawyers Association (February 1998)
- "Trial Notebooks"
- Nashville Bar Association (June 19, 1997)
- Attorneys General CLE Program (July 16, 1997)
- "Preparing Yourself to Win"
- Kentucky Academy of Trial Attorneys
- Louisville, Kentucky (September 18-19, 1997)
- Kentucky Academy of Trial Attorneys
- "Evaluating the Potential Medical Negligence Case"
- Middle Tennessee Paralegal Association (October 10, 1997)
- "Tort Law" 1997 Update
- Tennessee Trial Lawyers Association
- Knoxville, Tennessee (November 15, 1997)
- Chattanooga, Tennessee (November 22, 1997)
- Memphis, Tennessee (December 6, 1997)
- Nashville, Tennessee (December 13, 1997)
- Tennessee Trial Lawyers Association
- "The Importance of Front Wheel Brakes on Commercial Trucks"
- Association of Trial Lawyers of America
- Maui, Hawaii (February 1998)
- Association of Trial Lawyers of America
- "Tennessee Law of Comparative Fault" 1998 Update
- Tennessee Bar Association
- Knoxville, Tennessee (May 1, 1998)
- Memphis, Tennessee (May 8, 1998)
- Nashville, Tennessee (May 15, 1998)
- Tennessee Trial Lawyers Association
- Nashville, Tennessee (June 1998)
- Tennessee Judicial Academy
- Nashville, Tennessee (August 1998)
- Montgomery County Bar Association
- Clarksville, Tennessee (September 1998)
- Nashville Bar Association
- Nashville, Tennessee (November 1998)
- Tennessee Bar Association
- "In Search Of … Charting Your Course As A Lawyer"
- Association of Trial Lawyers of America
- Washington, D. C. (July 1998)
- Kansas Trial Lawyers Association
- Kansas City, Missouri (December 1998)
- Association of Trial Lawyers of America
- "Tort Law" 1998 Update
- Tennessee Trial Lawyers Association
- Memphis, Tennessee (November 1998)
- Knoxville, Tennessee (December 1998)
- Tennessee Trial Lawyers Association
- "The ‘How To’s of Hot Work"
- Association of Trial Lawyers of America
- San Antonio, Texas (January 1999)
- Association of Trial Lawyers of America
- "Tennessee Law of Comparative Fault" 1999 Update
- Tennessee Trial Lawyers Association
- Nashville, Tennessee (February 1999)
- Tennessee Judicial Conference
- Montgomery Bell State Park, Tennessee (April 1999)
- Tennessee Bar Association
- Knoxville, Tennessee (May 1999)
- Nashville, Tennessee (May 1999)
- Tennessee Trial Lawyers Association
- Gatlinburg, Tennessee (June 1999)
- Tennessee Judicial Conference
- Montgomery Bell State Park, Tennessee (October 1999)
- Tennessee Trial Lawyers Association
- "Accurately and Ethically Evaluating the Medical Negligence Case"
- Association of Trial Lawyers of America
- Safety Harbor, Florida (February 1999)
- Association of Trial Lawyers of America
- "Negotiation and Settlement Techniques"
- Association of Trial Lawyers of America
- Safety Harbor, Florida (February 1999)
- Association of Trial Lawyers of America
- "Accident Reconstruction: When and How to Use an Accident Reconstructionist"
- Association of Trial Lawyers of America
- New Orleans, Louisiana – April, 1999
- Association of Trial Lawyers of America
- "Trial Notebooks and Other Organizational Tools"
- Nashville Bar Association
- Nashville, Tennessee (June 1999)
- Nashville Bar Association
- "Update of Important Tort Cases in the Last Twelve Months"
- Tennessee Trial Lawyers Association – 1999 Annual Review
- Memphis, Tennessee (December 9, 1999)
- Knoxville, Tennessee (December 11, 1999)
- Nashville, Tennessee (December 18, 1999)
- Tennessee Trial Lawyers Association – 1999 Annual Review
- "The Use of Summary Judgment Principles to Defeat Motions for Summary Judgment"
- Association of Trial Lawyers of America
- San Juan, Puerto Rico (January 2000)
- Nashville, Tennessee (February 2000)
- New Orleans, Louisiana (March 2000)
- Association of Trial Lawyers of America
- "Ethical Issues Facing Trial Lawyers"
- Arkansas Trial Lawyers Association
- Eureka Springs, Arkansas (May 2000)
- Arkansas Trial Lawyers Association
- "Tennessee Law of Comparative Fault" 2000 Update
- Tennessee Trial Lawyers Association
- Memphis, Tennessee (June 2000)
- Tennessee Bar Association
- Destin, Florida (June 2000)
- Tennessee Judicial Academy
- Nashville, Tennessee (August 2000)
- Tennessee Trial Lawyers Association
- "Tort Law" 2000 Update
- Tennessee Trial Lawyers Association
- Nashville, Tennessee (December 2000)
- Tennessee Trial Lawyers Association
- "Tennessee Comparative Fault and Tort Update"
- John Dice Seminar
- Memphis, Tennessee (January 2001)
- John Dice Seminar
- "Comparative Fault After Dodson and Carroll"
- Tennessee Trial Lawyers Association
- Nashville, Tennessee (February 2001)
- Tennessee Trial Lawyers Association
- "Tennessee Law of Comparative Fault" 2001 Update
- Nashville School of Law
- Nashville, Tennessee (May 2001)
- Nashville School of Law
- "Trial Preparation: Organizing Yourself for Victory"
- The Kentucky Academy of Trial Attorneys
- Louisville, Kentucky (June 2001)
- The Kentucky Academy of Trial Attorneys
- "Annual Review Torts & Comparative Fault"
- Tennessee Trial Lawyers Association
- Chattanooga, Tennessee (September 2001)
- Montgomery County Bar Association
- Clarksville, Tennessee (November 2001)
- Rutherford County Bar Association
- Murfreesboro, Tennessee (November 2001)
- Tennessee Trial Lawyers Association
- "Tennessee Law of Comparative Fault" 2002 Update
- Tennessee Trial Lawyers Association
- Nashville, Tennessee (February 2002)
- Tennessee Trial Lawyers Association
- "Management and Trial Preparation: Organizing Yourself for Victory"
- Nashville Bar Association
- Nashville, Tennessee (May 2002)
- Nashville Bar Association
- "Effective Deposition Preparation and Strategy"
- Mississippi Trial Lawyers Association
- Biloxi, Mississippi (June 2002)
- Mississippi Trial Lawyers Association
- "Comparative Fault in Tennessee"
- Tennessee General Sessions Judges Conference
- Jackson, Tennessee (September 2002)
- Tennessee Trial Lawyers Association
- Chattanooga, Tennessee (September 2002)
- Knoxville, Tennessee (October 2002)
- Nashville, Tennessee (December 2002)
- Tennessee General Sessions Judges Conference
- "Tennessee Governmental Tort Liability Act"
- Tennessee Judicial Conference
- Fall Creek Falls, Tennessee (October 2002)
- Tennessee Judicial Conference
- "Unlocking The Power Of The Law, Fundamentals Of Civil Litigation In Tennessee"
- Branham & Day, P.C., Sponsor (December 17-18, 2002)
- Speeches:
- "Charting Your Course"
- "Deciding Whether to Accept Representation"
- "In The Midst of the Litigation"
- "The Responsibility of Being A Trial Lawyer"
- "Evaluating the Potential Medical Negligence Case"
- Mississippi Trial Lawyers Association
- Biloxi, Mississippi (September 5, 2003)
- Tennessee Trial Lawyers Association
- Nashville, Tennessee (December 4, 2003)
- Mississippi Trial Lawyers Association
- "Unlocking The Power Of The Law, Fundamentals Of Civil Litigation In Tennessee"
- Branham & Day, P.C., Seminar Sponsor – December 16-17, 2003
- Speeches:
- "Charting Your Course"
- "Deciding Whether to Accept Representation"
- "In The Midst of the Litigation"
- "The Responsibility of Being a Trial Lawyer"
- "Trial Notebooks and Other Organization Techniques"
- Nashville Bar Association, Young Lawyers Division
- Nashville, Tennessee (April 15, 2004)
- Nashville Bar Association, Young Lawyers Division
- "How To Stop Your Clients From Calling Lance, et al." (Attorney-Client Relations)
- Tennessee Board of Professional Responsibility
- Nashville, Tennessee – August 20, 2004
- Tennessee Board of Professional Responsibility
- "Unlocking The Power Of The Law, Fundamentals Of Civil Litigation In Tennessee"
- Branham & Day, P.C., Seminar Sponsor (November 17-18, 2004)
- Speeches:
- "Charting Your Course"
- "Deciding Whether to Accept Representation"
- "In The Midst of the Litigation"
- "The Responsibility of Being A Trial Lawyer"
- "Wrongful Death in Tennessee – A Plaintiff’s Perspective"
- Branham & Day, P.C. Seminar Sponsor (December 21, 2004)
- Speeches:
- "Overview of the Law – Statutory and Case Law Considerations"
- "Assessing and Preparing the Case"
- "The Law of Damages"
- "Trial Considerations"
- "Post-Trial/Post-Recovery Considerations"
- "Ethical Issues"
- "Tort and Comparative Fault Law Update"
- Tennessee Trial Lawyers Association
- Nashville, Tennessee (February 23, 2005)
- Rutherford County Inns of Court
- Murfreesboro, Tennessee (April 28, 2005)
- Tennessee Trial Lawyers Association
- "Unlocking The Power Of The Law: Fundamentals of Civil Litigation in Tennessee"
- Branham & Day, P.C., Seminar Sponsor (December 14-15, 2005)
- Speeches:
- "Charting Your Course"
- "In The Midst of the Litigation"
- "Avoiding Litigation Insomnia"
- "Beyond The Fundamentals of Civil Litigation"
- Branham & Day, P.C., Seminar Sponsor (December 19, 2005)
- Speeches:
- "Case Evaluation – Checking the Water Before Diving In"
- "Using Civil Motions to Safeguard Your Clients’ Interests"
- "Depositions – Winning Before the Deposition Starts"
- "Leadership Roundtable"
- Tennessee Bar Association Leadership Conference
- Dickson, Tennessee (January 6, 2006)
- Tennessee Bar Association Leadership Conference
- "Preparing for Cross-Examination"
- Tennessee Trial Lawyers Midwinter Conference
- Nashville, Tennessee (February 1, 2006)
- Tennessee Trial Lawyers Midwinter Conference
- "Tennessee Tort Law: What’s Hot, What’s Next"
- M. Lee Smith Publishing Audio Seminar (August 15, 2006)
- "Leadership Roundtable"
- Tennessee Bar Association Leadership Conference
- Dickson, Tennessee (January 2007)
- Tennessee Bar Association Leadership Conference
- "Business Litigation"
- Las Vegas, Nevada (March 28 -29, 2007)
- "Effective Deposition Preparation and Strategy"
- Nashville Bar Association
- Nashville, Tennessee (July 2007)
- Nashville Bar Association
- "Tort Law" 2007 Update
- Tennessee Administrative Office of the Courts (Judicial Clerks)
- Nashville, Tennessee (August 2007)
- Tennessee Administrative Office of the Courts (Judicial Clerks)
- "Tort and Comparative Fault Law Update"
- Upper Cumberland Bar Association
- Cookeville, Tennessee (October 2007)
- Upper Cumberland Bar Association
- "Intentional Interference with Expectancy of Inheritance"
- Nashville Bar Association
- Nashville, Tennessee (October 2007)
- Nashville Bar Association
- Panelist, "Techniques of Persuasion"
- Tennessee Bar Association
- Nashville, Tennessee (December 2007)
- Tennessee Bar Association
- "The Economics of Case Acceptance"
- Kentucky Academy of Trial Attorneys Seminar
- Destin, Florida (April 5, 2006)
- Memphis Bar Association
- Memphis, Tennessee (January 2008)
- Williamson County Inn of Court
- Franklin, Tennessee (January 2008)
- Ohio Association for Justice
- Columbus, Ohio (September 2008)
- North Carolina Advocates for Justice
- Sunset Beach, North Carolina (June 2009)
- Kentucky Academy of Trial Attorneys Seminar
- Moderator and Organizer, "Masters at Trial"
- Tennessee Bar Association
- Nashville, Tennessee (April 2008)
- Tennessee Bar Association
- "60 Statutes (and Rules) in 60 Minutes: What You Need to Know"
- Tennessee Association for Justice
- Gatlinburg, Tennessee (June 2008)
- Tennessee Association for Justice
- "Torts and Comparative Fault – Practice Update"
- Tennessee Bar Association – General Practice Summit
- Nashville, Tennessee (August 2008)
- Tennessee Bar Association – General Practice Summit
- "Fundamentals Of Civil Litigation In Tennessee"
- Day & Blair, P.C., Seminar Sponsor (December 15-16, 2008)
- Speeches:
- "Charting Your Course"
- "Deciding Whether to Accept Representation"
- "60 Statutes in 60 Minutes"
- "In the Midst of Litigation"
- "The Law of Trial"
- "How to Be a Great Trial Lawyer"
- "The Law of Trial: Motions in Limine and Jury Instructions"
- Tennessee Association for Justice
- Nashville, Tennessee (February 2009)
- Tennessee Association for Justice
- "Changes to the TRCP and Rules of Evidence that Will Affect Domestic Cases"
- Tennessee Association for Justice
- Nashville, Tennessee (April 2009)
- Tennessee Association for Justice
- "Discovery – Effective Deposition Preparation and Strategy"
- Tennessee Bar Association – Trial Practice for Today’s Litigator
- Nashville, Tennessee (April 2009)
- Tennessee Bar Association – Trial Practice for Today’s Litigator
- Panelist, "Comparative Fault"
- Tennessee Association for Justice
- Memphis, Tennessee (June 2009)
- Tennessee Association for Justice
- "Torts and Comparative Fault – Practice Update"
- Tennessee Bar Association – General Practice Summit
- Nashville, Tennessee (August 2009)
- Tennessee Bar Association – General Practice Summit
- Panelist, "Negotiation"
- Nashville Bar Association
- Nashville, Tennessee (November 2009)
- Nashville Bar Association
- Moderator, Litigation at Sunrise
- American Association for Justice
- Kannapoli, Maui, Hawaii (February 2010)
- American Association for Justice
- "Changes to the TRCP and Rules of Evidence that Will Affect Domestic Cases"
- Tennessee Association for Justice
- Nashville, Tennessee (April 2010)
- Tennessee Association for Justice
- "Charting Your Course and Defining Your Practice"
- American Association for Justice
- Las Vegas, Nevada (April 2010)
- American Association for Justice
- "Getting a Grasp on Costs to Enhance Profitability"
- American Association for Justice
- Las Vegas, Nevada – April 2010
- American Association for Justice
- "Economics of Case Selection"
- Tennessee Association for Justice
- Murfreesboro, Tennessee (June 2010)
- Arkansas Trial Lawyers Annual Convention
- Little Rock, Arkansas (April 2011)
- Kentucky Justice Association
- Louisville, Kentucky (September 2011)
- Tennessee Association for Justice
- "Effective Deposition Preparation and Strategy"
- Tennessee Association for Justice
- Murfreesboro, Tennessee (June 2010)
- Tennessee Association for Justice
- "Things That Go Bump in the Night: Avoiding Litigation Insomnia"
- Rutherford County Bar Association
- Murfreesboro, Tennessee (June 2010)
- Rutherford County Bar Association
- "On the Road Again: Litigation Against Tour Bus Companies"
- American Association for Justice
- Vancouver, British Columbia (July 2010)
- American Association for Justice
- "Damages Under the New Tort Law"
- Nashville Bar Association
- Nashville, Tennessee (September 2011)
- Nashville Bar Association
- Panelist, "Summary Judgments Post-Hannan: Judicial and Legislative Developments"
- Tennessee Judicial Conference
- Franklin, Tennessee (October 2011)
- Tennessee Judicial Conference
- "Legal Liabilities for Parents"
- Montgomery Bell Academy
- Nashville, Tennessee (November 2011)
- Montgomery Bell Academy
- "Economics of Law Practice"
- American Association for Justice
- Chicago, Illinois (July 2012)
- American Association for Justice
- "The Best Way to Deal with Problem Clients – Let Them Hire a Different Lawyer"
- Nashville Bar Association
- Nashville, Tennessee (September 2012)
- Nashville Bar Association
- "Tort Law" 2012 Update
- Tennessee Judicial Conference
- Franklin, Tennessee (October 2012)
- Knoxville, Tennessee (March 2013)
- Tennessee Judicial Conference
- Panelist, "The Cost of Leadership"
- Tennessee Bar Association Leadership Law Opening Retreat
- Burns, Tennessee (January 2013)
- Burns, Tennessee (January 2014)
- Burns, Tennessee (January 2015)
- "Civil Update"
- Tennessee Judicial Conference
- Franklin, Tennessee (October 2013)
- Tennessee Judicial Conference
- "Made Whole Made Fair"
- Belmont University Law Review Symposium
- Nashville, Tennessee (November 2013)
- Belmont University Law Review Symposium
- "Tort Reform: What’s Happening in the Courts?"
- Nashville Bar Association
- Nashville, Tennessee (December 2013)
- Nashville Bar Association
- "Preparing to Win at Trial"
- Memphis Bar Association
- Memphis, Tennessee (July 2014)
- Nashville Bar Association
- Nashville, Tennessee (August 2014)
- Rutherford/Cannon County Bar Association
- Murfreesboro, Tennessee (August 2014)
- Dickson County Bar Association
- Dickson, Tennessee (September 2014)
- Bradley County Bar Association
- Cleveland, Tennessee (September 2014)
- Franklin County Bar Association
- Decherd, Tennessee (October 2014)
- Maury County Bar Association
- Columbia, Tennessee (November 2014)
- Institute for Continuing Legal Education in Georgia
- Amelia Island, Florida (November 2014)
- Bedford County Bar Association
- Shelbyville, Tennessee (November 2014)
- Montgomery County Bar Association
- Clarksville, Tennessee (February 2015)
- National Association of Legal Professionals
- Nashville, Tennessee (February 2016)
- Nashville Bar Association / Tort and Insurance Forum
- Nashville, Tennessee (March 2016)
- National Association of Legal Professionals
- Murfreesboro, Tennessee (October 2016)
- Tennessee Attorney General’s Office
- Nashville, Tennessee (September 2017)
- Memphis Bar Association
- "Lawyer’s Perspective"
- Nashville School of Law Cooper Term First Year Orientation
- Nashville, Tennessee (August 2014)
- Nashville School of Law Cooper Term First Year Orientation
- "Motions that Matter"
- Tennessee Association for Justice
- Memphis, Tennessee (June 2015)
- Coffee County Bar Association
- Manchester, Tennessee (June 2015)
- Rutherford County Bar Association
- Murfreesboro, Tennessee (October 2015)
- Tennessee Association for Justice
- Panelist, "Case Selection and Screening – Tips and Techniques to be More Efficient with Your Efforts"
- American Association for Justice Annual Convention
- Montreal, Canada (July 2015)
- American Association for Justice Annual Convention
- Panelist, "Legal Realities"
- Montgomery Bell Academy
- Nashville, Tennessee (November 2015)
- Montgomery Bell Academy
- "Thoughtful Evaluation and Selection of Contingent-Fee Clients"
- Nashville Bar Association
- Nashville, Tennessee (March 2016)
- Nashville Bar Association
- "Thoughts About Comparative Fault and Tenn. Code Ann. § 20-1-119"
- Nashville School of Law
- Nashville, Tennessee (May 2016)
- Nashville School of Law
- "Charting Your Course"
- Nashville Bar Foundation
- Nashville, Tennessee (April 2017)
- Nashville Bar Foundation
- "Autonomous Vehicles"
- Tennessee Trial Lawyers Association
- Nashville, Tennessee (September 2017)
- Tennessee Trial Lawyers Association
Bar Service
- Tennessee Judicial Evaluation Commission
- (Appointed by Lieutenant Governor John Wilder in November 2003)
- Member (2003 – 2009)
- Tennessee Judicial Performance Evaluation Commission
- (Appointed by Speaker Kent Williams in August 2009)
- Chairperson (2009 – 2012)
- American Law Institute – Members’ Consultative Groups
- Restatement Third, Torts
- Economic Torts and Related Wrongs (2007 – Present)
- Liability for Physical and Emotional Harm (2006 – Present)
- Annual Meetings Attended – San Francisco, CA (2007) and Washington, D.C. (2008, 2009, 2010, 2011, 2012)
- Members Consultative Groups Attended – Austin, TX (2008)
- Restatement Third, Torts
- Tennessee Supreme Court Commission on Continuing Legal Education and Specialization
- Member (2001 – 2007)
- Vice-Chair (2005)
- Chair (2006)
- Tennessee Supreme Court Advisory Commission on the Rules of Practice And Procedure
- Member (2008 – Current)
- Tennessee Supreme Court Commission on Dispute Resolution
- Member (1992 – 1995)
- (Participated in drafting original ADR Rule)
- Tennessee Judicial Conference - Committee on Pattern Jury Instructions (Civil)
- Consultant (1995 – Present)
- National Board of Legal Specialty Certification (formerly National Board of Trial Advocacy)
- President (2003 – 2004)
- President Elect (2002 –2003)
- Vice President (2001 –2002)
- Board of Directors (1998 – 2013)
- Standards Committee (1998 – 2004; 2005 – 2013)
- Chair, State Relations Committee (2000 – 2004)
- Treasurer (2008-2009, 2009 – Jan. 1, 2010)
- Tennessee Trial Lawyers Association
- Board of Governors (1984 – Present)
- Executive Committee (1985 – 1995)
- Treasurer (1985 – 1989)
- Vice President-Middle Tennessee (1989 – 1992)
- President Elect (1992 – 1993)
- President (1993 – 1994)
- Immediate Past President (1994 – 1995)
- Continuing Legal Education Committee (1984 – 1992)
- Chairperson (1985 – 1986, 1991 – 1992)
- Legislative Committee (1984 – Present)
- Chairperson (1987 – 1990)
- Mandatory Continuing Legal Education Committee (1984 – 1985)
- Public Relations Committee (1986 – 1988)
- Long Range Planning Committee (1991 – 1994)
- Convention Chair (1997, 2000, 2001)
- Mid-Winter Convention Chair (2000, 2001, 2002, 2003)
- Association of Trial Lawyers of America
- President’s Club, Charter Member (1999 – Present)
- ATLA’s Leader’s Forum (2002 – 2006, 2008 - Present)
- Tennessee Public Relations Representative (1986 – 1988)
- People's Law School Committee
- Co-Chairperson (1986 – 1988)
- Public Relations Committee (1986 – 1995)
- Vice-Chair (1989 – 1992)
- Public Relations Steering Committee
- Chairperson (1988 – 1989)
- Publications Committee (1990 – 1991)
- Vice-Chairperson (1991 – 1992)
- Co-Chairperson (1992 – 1993)
- Education Committee (1987 – 1988)
- Public Affairs Committee (1987 – 1989)
- Keyperson Committee (1987 – 1989)
- Nursing Home Litigation Group
- Member (1985 – 1990)
- Chairperson (1987 – 1989)
- Federal Rules, Jurisdiction and Venue Committee (1989 – 1995)
- Chair, Counsel of State Presidents (1994 – 1995)
- Executive Committee (1994 – 1995)
- Representative; ALI’s Restatement (Third) of Torts
- “Apportionment of Fault” Committee (1995 –1997)
- “General Principles” Committee (1998 – 2001)
- Trustee, National College of Advocacy, (2009-2012)
- Nashville Bar Association
- Fee Disputes Committee (1983 – 1984)
- Circuit and Chancery Court Committee (1984 – 1985) (1987)
- Vice-Chairperson (1988)
- Chairperson (1989)
- Board of Directors (1998 – 2000)
- Finance Committee (1998)
- Executive Committee (1999)
- Kentucky Academy of Trial Attorneys
- Member (1995 – 2004)
- Southern Trial Lawyers Association
- Board of Directors (1997 – 2005)
- Lawyers Involved for Tennessee
- Adjunct Member (1987 – 1988)
- Trustee (1988 – 2016)
- Secretary (2005 – 2016)
- Local Rules Committee, United States District Court for the Middle District of Tennessee
- Member (1986 – 1990)
- Tennessee Bar Association
- Litigation Section Council (1989 – 1992)
- Chair, Tort and Insurance Practice Section (2007 – 2008)
- Harry Phillips American Inns of Court
- Member (1990-1992)
- Tennessee John Marshall American Inns of Court
- Member (1999 – 2004)
- Civil Justice Reform Act Advisory Group
- United States District Court Middle District of Tennessee
- Member (1991-1995)
- American Civil Liberties Union
- Statewide Legal Committee (1992-1994)
- Tennessee Justice Center
- Board of Directors (1999 – 2005)
- Tennessee Supreme Court Historical Society
- Member (2002 – Present)
- American College of Trial Lawyers
- State Committee (2002 – 2007)
- State Vice-Chair (2011 – 2012)
- State Chair (Fall 2012 – Fall 2014)
- Regent (Fall 2017 – Fall 2020)
- Editorial Board, Everyday Law (1987-1989)
- Chairperson (1988 – 1989)
- United States Supreme Court Historical Society
- Middle Tennessee Membership Chair (Spring 2016)
Awards
- Tennessee Lawyer, Best Civil Litigator (Spring 2001)
- Nashville Business Journal, Best of the Bar (2006, 2007, 2014, 2015, 2016, 2017)
- Mid-South Super Lawyers
- Top 100 Lawyers in Tennessee (2006 – present)
- Tennessee Business Magazine, Best 140 Lawyers (2007)
- Business TN Magazine, Best 150 Lawyers (2008, 2009, 2010)
- Nashville Post, Nashville’s 101 Top Lawyers – Medical Malpractice (2011)
- Nashville Lifestyles, Top 50 Attorneys in Nashville (2016)
- Martindale-Hubbell, AV® Preeminent™ (1993 - Present)