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Firm News

News and other items of interest about Butler, Vines and Babb and the practice of law are posted here. Check back often for updates.

Items of Interest At Butler, Vines and Babb:

February 2013 - The Knoxville Zoo has its first solar power installation, a series of 196 solar panels across the roof of the elephant barn of its Stokely African Elephant Preserve habitat.  The installation of the 50 kilowatt solar photovoltaic system was done in January by Knoxville-based energy contractor ARiES Energy (Alternative Renewable Innovative Economic Solutions for Energy). The project is the result of an innovative partnership between the nonprofit zoo and an East Tennessee business known for its green energy initiatives. That business, Wampler's Farm Sausage and Family Brands International is paying for the $170,000 to $180,000 system.  Butler, Vines and Babb is proud to have participated in this project on behalf of Family Brands and Wampler's Farm.  See the full story in the February 17, 2013 edition fo the Knoxville News Sentinel.

January 2013 - Butler, Vines and Babb has been proud to represent local companies since the beginning of the firm approximately 40 years ago. Two of these Companies have developed considerable expertise in the use of renewable energy sources in their facilities. The firm has recently completed work to allow the two companies to share their knowledge with the Knoxville Zoo to develop a working solar energy project at the zoo. This will not only produce energy for the Zoo but also provide a platform to educate the public on working solar and other renewable energy options. The Two Companies involved are Wampler's Farm Sausage Company and Family Brands International. Wampler's is well known for their whole hog sausage products. Family Brands products include Cades Cove Barbeque and Elm Hill Meats. The firm also represents companies developing renewable energy technology.

October 2012 - We are proud of the recent awards to one of our Clients, Wampler's Farm Sausage. The Tennessee Solar Energy Association recently announced it has awarded the Annual Solar Champion Award to Wampler's Farm Sausage Company. The Company is a leader in the production of Clean Energy. Wampler's is a true American success story from its beginning in Lenoir City, Tennessee in 1937. Through hard work, dedication to a good product and recognition that the customer comes first. To learn more about the Company go to: http://www.wamplersfarm.com/main.php?action=history.html.  Wampler's was also recently featured as the cover article of one the leading magazines for the industry, Meatingplace. http://www.ariesenergy.com/PressReleases/Wampler/Meatingplace_Mag_Wamplers_Article.pdf

May 2012 - Local Environmental news: See this article in the Knoxville News Sentinel regarding a recent smog level ruling for Knox and Blount Counties.

April 2012 -  On April 27, 2012, Jimmy Wright moderated a panel discussion and participated in a panel for the Law track at the 41st Annual Solid and Hazardous Waste Conference.  Click here for a link to the conference on the State of Tennessee web site.

April 2012 - On April 19, 2012 Members of the Firm presented at the I-Day program for 2012. The event was sponsored by the Great Smoky Mountain CPCU Chapter, the Claims and Litigation Management Alliance and the Insurance Professionals of Greater Knoxville.

Ned Babb, Weldon Patterson and John Butler presented an update of Tennessee Tort Law. This included a discussion of limitations on damages, summary judgment standards, products liability, punitive damages and the Tennessee Consumer Protection Act.

Darren Berg presented a session called "What's at Risk?."  This program focused on legal issues that confront the insurance industry, its agents, and adjustors.  When is a company acting in bad faith?  What damages are recoverable? Is there personal liability for the agent or adjustor? What can be discovered from an adjustor's file?  When is an agent liable?  Best practices were also discussed.

Jimmy Wright presented in a panel with Greg Deimling of Malecki, Deimling and Nielander, and Joe Kitchens of Kemper Insurance on tough coverage issues. The speakers discussed four commercial liability scenarios involving coverage questions along with the pertinent coverage forms and current legal opinions.

Steve McElhiney, President of EWI Risk Services, and Charles Bidek spoke on the Insurance Outlook for 2012.  These speakers reviewed insurance coverage issues, reinsurance capacity, and risk management trends based upon both local and global developments.

Greg Deimling and David Humphreys, Vice President of marketing for Shafer Insurance Agency, discussed the purpose of Insurance Certificates and form completion while maintaining regulatory compliance and the proper way to obtain additional insured status required in contractual risk transfers through appropriate policy endorsements.

April 2012 - Several of the Butler, Vines and Babb attorneys, staff members and their families participated in the 6th annual Breakthrough 5K run for Autism on April 14.  All participants finished the event and were pleased to provide support for this outstanding organization.  Breakthrough is a not-for-profit company founded by parents of children with autism that is changing how services are provided to adults with autism in East Tennessee.  BVB Run for Autism

March 2012 - The attorneys at Butler, Vines & Babb have varied experience with regard to liquor liability cases. A liquor liability case is one where a restaurant or bar sells alcohol to either an obviously intoxicated person or to a person known to the bar to be a minor. Tennessee law refers to these potential cases as 'dramshop' cases. The attorneys at Butler, Vines & Babb have successfully prosecuted liquor liability cases against restaurants/bars and are currently engaged in ongoing litigation in federal court with regard to a liquor liability case arising out of Nashville.

Liquor liability cases are very difficult cases based on Tennessee Law. In addition to requiring that the bar sell alcohol to an obviously intoxicated or to a person known by the bar to be a minor, a plaintiff in a liquor liability case must also carries the burden of proving the case beyond a reasonable doubt. This is traditionally the criminal law standard. The civil standard is simply a preponderance of the evidence. Thus, in a liquor liability case a potential plaintiff starts off having to prove the case against the restaurant to the same evidentiary standard that the government is held to in a criminal prosecution.

In developing a case on behalf of an injured plaintiff in the context of a liquor liability action, the lawyers at Butler, Vines & Babb employ various tools, including utilizing forensic experts and toxicology experts, as well as various tools of discovery in order to maintain and preserve evidence including video evidence which may help to prove the bar served an obviously intoxicated person. The use of private investigators and internet search companies also are tools utilized by the attorneys at Butler, Vines & Babb in order to fully investigate and develop a liquor liability case.

If you have a potential claim of a liquor liability case, contact Darren V. Berg for a free consultation with regard to whether or not you may have a viable claim. 

Patterson at Plateau Saddle ClubFebruary 2012 - Butler, Vines and Babb attorney Weldon Patterson gave an equine liability presentation to the Plateau Saddle Club meeting on Saturday, February 4, 2012 at Catoosa Ridge Riding Stables, Crossville, TN.   Weldon talked in detail about the equine liability code (TENNESSEE CODE ANNOTATED - TITLE 44. ANIMALS AND ANIMAL HUSBANDRY, CHAPTER 20. EQUINE ACTIVITIES -- LIABILITY: Tenn. Code Ann. § 44-20), giving very specific explanation of various definitions and how it might apply to members of the audience. He kept the presentation lively and entertaining with real life situations he had encountered as a young man dealing with his own horses. Weldon then fielded questions from the audience of about 30 people and assisted numerous members by reviewing their equine liability releases. Butler, Vines and Babb brochures were available and many people came up after the presentation to talk with Weldon and pick up a business card and brochure.  The club appreciated Weldon taking the time to give this presentation to a portion of the horse community in Cumberland and Fentress County.

November 2011 - Butler, Vines and Babb attorney Edward U. Babb made a presentation in Charlotte to Kemper, A Unitrin Company, on the Tennessee Civil Justice Reform Act and new developments under Tennessee law on the Family Purpose Doctrine.  Click here for a recent Butler, Vines and Babb Tennessee Law Update newsletter for more information relating to the Tennessee Civil Justice Reform Act.

November 2011 - The firm provides representation in regard to claims of toxic exposure.  James Wright has successfully defended a multiple party lawsuit claiming exposure to mold in a work environment. The Plaintiffs have filed a notice of voluntary dismissal.

October 2011 - Ned Babb and John Butler made a presentation to the Hamilton Burnette American Inn of Court on the Tennessee Civil Justice Reform Act.

October 2011 - Ned Babb and Weldon Patterson made a presentation just outside of St. Louis to representatives of Gallagher Bassett Services, Inc., on the Tennessee Civil Justice Reform Act. 

September 2011 - Ned Babb and Weldon Patterson made a presentation in Knoxville to Chartered Property Casualty Underwriters (CPCU) on the Tennessee Civil Justice Reform Act.

July 2011 -  Every year Knoxville's City View® magazine asks local attorneys to vote for the attorney they would call or refer their friends if they were in need of specialized legal services. Congratulations to five Butler, Vines and Babb attorneys who have been selected by their peers to be named in the 2011 Top Attorney's List. Several have been named in multiple categories. Our top attorney winners for 2011 are: William D. Vines, III: Civil Litigation, Mediation/Arbitration, Medical Malpractice, Nursing Home Liability, Personal Injury, and Wrongful Death; Ronald C. Koksal: Medical Malpractice, Nursing Home Liability, Professional Malpractice, and Wrongful Death; Edward U. Babb: Insurance Law; Weldon Patterson: Aviation/Admiralty, and Personal Injury - Motorcycle Accidents; and Donna R. Davis: Medical Malpractice. 

June 2011 - The Tennessee Supreme Court has appointed Butler, Vines and Babb attorney Leslie A. Muse to the CLE Commission. Leslie is currently Of Counsel at Butler Vines and Babb.  The Commission is responsible for oversight of the state's continuing legal education program for attorneys.  Congratulations to Leslie!

June 2011 - Butler, Vines and Babb was proud to sponsor and participate in the recent Ronald McDonald House Golf Tournament, held at Egwani Farms Golf Course, June 3, 2011. Participating attorneys from the firm included Ron Koksal, Weldon Patterson and Kevin Hardin. Pictured below with Weldon, his wife Mary, and Ronald McDonald, is Jennifer Burger of Knoxville's Burger Family McDonald's restaurants. Butler, Vines and Babb is pleased to offer its support of the Ronald McDonald House, which makes a difference every day in the lives of ill children and their families visiting the area for medical treatment.

Weldon and Mary Patterson, Ronald McDonald and Jennifer Burger

June 2011 - Butler, Vines and Babb is pleased to announce that attorney James C. Wright has been designated as a State Chair for the prestigious Council on Litigation Management. The State Chair is a leadership role within the Council on Litigation Management (CLM) whose purpose is to assist in the development and growth of the Council, foster communications locally and provide more opportunities to participate. State Chairs also establish and monitor CLM Strategic Affiliations for state and local organizations/associations.

The Council is a nonpartisan alliance comprised of thousands of insurance companies, corporations, Corporate Counsel, Litigation and Risk Managers, claims professionals and attorneys. Through education and collaboration the organization's goals are to create a common interest in the representation by firms of companies, and to promote and further the highest standards of litigation management in pursuit of client defense. Selected attorneys and law firms are extended membership by invitation only based on nominations from CLM Fellows.

January 2011 - Mr. James Wright, Attorney at Butler,Vines and Babb has been selected to speak at the 2011 Annual Conference of the Council on Litigation Management (CLM). Mr. Wright is slated to speak on the topic "How to Get, Keep and LOSE a Client Family Fued Style."  The conference will be one of the largest, fully inclusive defense industry conferences in 2011. It will be held March 23-25 in New Orleans, LA, will feature approximately 250 speakers and is expected to draw attendees from around the world. Registration for the conference is now open at www.litmgmt.org/annual-conference.

About the Council on Litigation Management

The Council is the largest fully inclusive defense organization, comprised of thousands of insurance companies, corporations, corporate counsel, risk managers, insurance professionals, claims adjusters and attorneys. Through education and collaboration, its goals are to promote and further the highest standards of litigation management in pursuit of client defense. The Council sponsors educational programs, provides resources, fosters communication, and recognizes lawyers who meet high standards. To learn more about the Council, please visit http://www.litmgmt.org/.

July 2010 - The Council on Litigation Management (CLM) is pleased to announce its State Chairs for 2010-2011, and Butler, Vines and Babb attorney James C. Wright has once again been selected as lead state chair for the State of Tennessee. This position is a leadership role within the Council, with the purpose of assisting in the development and growth of the Council, and fostering communications locally.  Congratulations Jim!

July 2010 - Every year Knoxville's City View® magazine asks local attorneys to vote for the attorney they would call or refer their friends if they were in need of specialized legal services. Congratulations to six Butler, Vines and Babb attorneys who have been selected by their peers to be named in the 2010 Top Attorney's List. Several have been named in multiple categories. Our top attorney winners for 2010 are: William D. Vines, III: Civil Litigation, Mediation/Arbitration, Medical Malpractice, Nursing Home Liability, Personal Injury;Ronald C. Koksal: Medical Malpractice; James C. Wright: Anti-Trust, Class Action, Environmental Law, Product Liability; Steven B. Johnson: Class Action; Donna R. Davis: Medical Malpractice. 

February 2010 - Butler, Vines and Babb attorneys Bill Vines and Leslie Muse have recently been elected as Fellows of the Tennessee Bar Foundation, an association of 710 attorneys across the state. Invitations to membership, which is a position of honor, were extended to 35 attorneys this year by the Board of Trustees. The introduction of new Fellows took place at the annual Fellows' Dinner in Nashville.  The Bar Foundation's purpose is two-fold: to honor attorneys who have distinguished themselves in the profession and to administer a grant making program. That project, known by its acronym "IOLTA" (Interest On Lawyers' Trust Accounts), has awarded grants in excess of $16,000,000 to law-related, public interest projects throughout Tennessee.

September 2009 - James C. Wright taught a seminar on structured settlements in Atlanta, Georgia on Behalf of the Council on Litigation Management September 17. 2009 .  

September 2009 - James C. Wright was an invited lecturer at the 4th Annual Food Safety Symposium sponsored by Nation's Restaurant News and Ecolab. Mr. Wright lectured on the topic of "Foodborne Illness-Prevention & Crisis Management" (see related article in Restaurant News discussing the H1N1 virus). Fifty corporate representatives were present representing in excess of $10 billion in annual sales.  The pictures below represent a cooking class taught by students from the Johnson & Wales University, College of Cullinary Arts in conjunction with the sponsors of the symposium.

Symposium 2

February 2009 - Butler, Vines and Babb attorney James C. Wright has been selected to serve as Lead Chair on the Counsel on Litigation Management for the state of Tennessee. There are four positions on the Counsel in each state, one of which serves as Lead Chair. Congratulations to Jim!

December 2008 - Butler, Vines and Babb attorney William D. Vines successfully assisted the city of Maryville in settling a long term dispute between the city and a rock quarry that had been operating since the 1940s. After electing Tom Taylor as new mayor, Maryville City Council unanimously approved the historic settlement that confines the Vulcan Materials Company quarrying operation to the property closest to Court Street and imposes environmental restrictions on use of the creek, noise, dust and trucks. The settlement comes after years of contention between the Vulcan operators of the rock quarry and the city and residents. When the quarrying started in the 1940s the site was surrounded by farmland, but over the years residences were developed around the quarry. Maryville's attorney Bill Vines said the settlement "is very favorable to the city."

July 2008 - Butler, Vines and Babb Partner James C. Wright has been selected as a member of the Council on Litigation Management (http://www.litmgmt.org/). This selection was by clients to a select group of respected counsel, whose commitment to excellence and integrity within the legal profession is unparalleled in the industry. Such commitment to high standards in professional responsibility is worthy of the recognition the Council has provided to Mr. Wright.

May 2008 - James C. Wright was asked to deliver the Distinguished Alumni Speaker Address to the University of Tennessee College of Law Commencement.

September 2007 - James C. Wright has been selected to serve as a State Chair representing Tennessee on the Council on Litigation Management.

November 2006 - Butler, Vines and Babb paralegal Kelley Myers has each successfully completed the Advanced Paralegal Certification program on Discovery. She is now entitled to use of the credential "ACP" in connection with her paralegal work. The Advanced Paralegal Certification program is provided by NALA to paralegals who have already achieved the Certified Paralegal designation, taking the certification and continuing education process one step further by acknowledging successful completion of an advanced course on a specifically defined area of work. To achieve the advanced certification in the subject area of Discovery, Kelley successfully completed 13 learning modules.

October 2005 - Attorney Donna Davis has associated with the firm on an "Of Counsel" basis. Donna, a Civil Trial Specialist and Rule 31 Mediator, is founder of The Davis Law Firm and now devotes 100% of her practice to litigation - primarily medical malpractice. A graduate of the University of Tennessee College of Law, Donna also has a background as a Registered Nurse.

February 2005 - Paralegal Kelley Myers has been certified by the National Association of Legal Assistants as a CLA (Certified Legal Assistant). This involved successful completion of a comprehensive two-day examination covering Communications, Legal Research, Legal Terminology, Judgment & Analytical Ability, Human Relations, Interviewing Techniques, Ethics and Substantive Law. The examination is a result of ongoing and continuous research of certified legal assistants, members of the American Bar Association and legal assistant educators.

December 2003 - Butler, Vines and Babb has moved! Effective December 26, 2003, the office of Butler, Vines and Babb has moved to 2701 Kingston Pike, Knoxville, Tennessee 37919. This location, a stand-alone building on the northwest corner of Kingston Pike and Concord Street (Neyland Drive is on the South side of Kingston Pike at that intersection), will give our clients and visitors easy access to our offices, while still maintaining a downtown Knoxville presence, close to courts and other offices. Located just west of the UT campus, all members of the firm are excited to be in this newly renovated structure. The building, the former "Tennessee Orthopedic Clinic", or "TOC Building", which is a two-level structure, was extensively renovated for occupancy of our law firm. There are four conference meeting areas and convenient, free parking just 20 feet from the front door!

Links to Articles in News Publications:

June 2008 - Jury awards nearly $6 million judgment in Medical Malpractice Case - Originally published in Grand Rapids Press, June 8, 2008.

May 2008 - Butler, Vines and Babb obtains nearly $3 million Judgment in Medical Malpractice Case - Originally published in the Knoxville News Sentinel, May 20, 2008.

March 2003 - Butler, Vines and Babb obtains $1.1 million Judgment in Drunk Driver Case - Originally published in the Knoxville News Sentinel, March 4, 2003.

August 1994 - Watts Bar Lake resort owners agree to settle suit against plants' operators - Originally published in the Knoxville News Sentinel, August 5, 1994.

October 1987 - Cancer Victim Wins Malpractice Suit - Originally published in the Knoxville Journal, October 29, 1987.

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East Tennessee
2701 Kingston Pike
Knoxville, TN 37919
Phone: 865-622-7720
Fax: 865-637-3385
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Middle Tennessee
108 N Spring Street
Murfreesboro, TN 37130
Phone: 615-442-7491
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West Tennessee
(Of Counsel)
243 Exchange Avenue
Memphis, TN 38105
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