Represent healthcare providers undergoing government investigations, including those conducted by the Department of Health and Human Services, the Tennessee Bureau of Investigation and other governmental agencies. Has extensive experience in all aspects of litigation that affect healthcare clients, including healthcare technology, whistleblower/qui tam, EHR, HIPAA/HITECH, payor disputes, anti-kickback violations, overpayment claims by Medicare/Tenncare, corporate disputes, misappropriation of trade secrets and unfair competition. Served on the governing board of a federally qualified healthcare center for six years (two years as vice chair).
Extensive experience representing and advising clients on major product liability issues, including recalls, retrofits and supplier disputes. Guided client through a recall mandated by the U.S. Consumer Product Safety Commission, and counseled another client through a bet-the-company retrofit and on its internal investigation as to cause and origin. Represent product manufacturer clients in product liability and supplier litigation, including pharmaceutical companies in litigation pending in Tennessee and Kentucky. Formerly served as in-house litigation attorney with Caterpillar Inc., advising the company on product liability and supplier issues, including indemnification claims.
Blackwell v. ServPro, Circuit Court of Davidson County, Tennessee, 2014
Successfully represented an individual in a fraud and Tennessee Consumer Protection Act claim against ServPro. After a two-week jury trial, the jury awarded Russ’ client a verdict on all claims, resulting in a judgment against ServPro in the full amount of the client’s damages, plus an award of attorneys’ fees.
Vireo Systems, Inc. v. HTG Ventures, LLC, John T. Lewis, Jr., and Timothy Kensinger, United States District Court for the Middle District of Tennessee, Civil Action No. 3:14-cv-02359 and related matters nationwide
Lead counsel for Vireo Systems nationwide in a number of matters arising out of a joint venture accounting and fraud dispute, which led to multiple patent and trademark disputes. The client had contributed patent and trademark rights to the joint venture. The joint venture managing member diverted tens of millions of dollars of revenue and millions of dollars of profit. After two years of litigation, the matter was resolved and we are representing the client as it relaunched the nutraceutical product and brand that it had contributed back in the marketplace.
World Healthcare Systems, Inc. v. SSI Surgical Services, United States District Court for the Eastern District of Tennessee
Tried a five-day jury trial and the client received a defense verdict. The plaintiff sought $4.9 million, plus punitive damages. The case involved a healthcare dispute in which the plaintiff sought commissions on contracts between the firm’s client, SSI Surgical Services, Inc., and hospitals to which it provided services. The plaintiff’s complaint included claims for discrimination, fraud, deceit and interference with business relationships. Ten of the 13 counts were dismissed at summary judgment. The court granted directed verdict on the discrimination count at the close of the client’s proof. The court instructed the jury with respect to the breach of contract and interference claims, and the jury gave a defense verdict on both counts.
Corizon Health, Inc. v. CorrecTek, Inc.; Ulrich Medical Concepts, Inc.; Burton Ulrich; Dan Jarrett; and Matt Wurth, U.S. District Court for the Western District of Kentucky, Case No. 5:17-cv-35-TBR
Our client, a correctional healthcare company, contracted with the Idaho Department of Corrections pursuant to a request for proposal, which, among other things, required that the client implement an electronic health records system in the entire state-wide prison system. The implementation failed due to defendants’ fraud and misrepresentation, resulting in IDOC assessing liquidated damages. This matter is of state-wide importance in Idaho because IDOC was under a federal decree that required the implementation of the EMR.
Assisting client with pre-litigation inspections and investigation on a property damage claim made by Wacker Chemical Corporation for its facility at Charleston, Tennessee, caused by a chemical release and explosion of one of its buildings. The claim is estimated to exceed $200 million.
MAPCO Express, Inc. v. Penn Tank Lines, Circuit Court of Madison County, Alabama, Civil Action No. 47-cv-2017-901479.00
Our client is a convenience store chain. Defendant put diesel fuel in the unleaded tanks, causing damage to the cars of a number of customers, and wide-spread media attention in the market. The client suffered significant damage, including brand damage.
Wendy’s of Bowling Green, Inc. v. Marsh USA, Inc., United States District Court for the Middle District of Tennessee No. 3:10-cv-01043
Plaintiff sued client (insurance broker) for failure to obtain flood insurance premium in a claim arising out of the May 2010 severe flooding in Middle Tennessee. Plaintiff asserts client breached its obligations by failing to notify plaintiff-insured of its failure to pay its flood insurance premium. Plaintiff asserted claims for negligence, breach of contract, breach of fiduciary duty and violations of the Tennessee Consumer Protection Act. Plaintiff sought over $2.3 million, which included treble damages, plus attorneys’ fees and punitive damages. The novel question was whether an insurance broker has an obligation to notify an insured of its failure to pay a flood insurance policy after the broker secured the policy for the insured. Obtained summary judgment on plaintiff’s Tennessee Consumer Protection Act and breach of fiduciary duty, significantly narrowing the issues for trial and limiting plaintiff’s potential recovery to compensatory damages. The case was settled after summary judgment was entered on a significant portion of plaintiff’s claims.
Advanced Diagnostic Imaging v. Upchurch, No. 04-3646-I (Chancery Court for Davidson County, Tenn. 2008)
Successfully tried a three-day bench trial in the Chancery Court for Davidson County, Tennessee, representing a radiology group on a licensing claim for a radiology information system against the software’s developer. At the conclusion of the proof, the trial court granted judgment to the firm’s client and awarded the software license. Thereafter, the court granted summary judgment on the software developer’s remaining claims, which included breach of contract, defamation and malicious prosecution.
Beaumont Surgical Affiliates, Ltd. v. Baptist Hospitals of Southeast Texas, et al., No. D-166-759 (District Court of Jefferson County, Tex.)
Represented an ambulatory surgery center located in Beaumont, Texas, in a mold and construction defect case filed in Jefferson County, Texas. The firm’s client received summary judgment in the amount of $2.2 million.