Edmund S. Sauer

Legal Assistant
Kizar Luckett
P: 615.252.3565 kluckett@bradley.com

Over the course of his career, Edmund has handled appeals involving a variety of legal issues, including commercial and contractual disputes, insurance, preemption, intellectual property, labor and employment, ERISA, product liability, financial services, arbitration, pharmaceuticals, class action, federal and state constitutional law, civil rights, environmental law, the Federal Tort Claims Act, white-collar crime, bankruptcy, consumer fraud, antitrust, and the Federal Employers Liability Act.

In addition to his appellate practice, he has authored dispositive and critical motions in a variety of federal and state trial matters, including cases involving breach of contract, insurance, product liability, ERISA, pharmaceuticals, pharmaceuticals, federal and state constitutional law, class actions, and construction law.

Representative Experience
  • Federal Appellate Courts
    • Lowe v. Lincoln Nat’l Life Ins. Co., 821 F. App’x 489 (6th Cir. 2020)
      Successfully represented client on appeal in case involving scope of ERISA preemption.

      Hamade v. Valiant Gov’t Servs., LLC, 807 F. App’x 546 (6th Cir. 2020)
      Successfully defended favorable judgment on appeal for international government contractor in Title VII dispute.

      AMG Trade & Distrib., LLC v. Nissan N. Am., 813 F. App’x 403 (11th Cir. 2020)
      Successfully represented automobile manufacturer on appeal in case involving tort and unfair trade practice act claims.

      Snodgrass-King Pediatric Dental Assocs. v. DentaQuest USA Ins. Co., 780 F. App’x 197 (6th Cir. 2019).
      Obtained post-judgment reversal of $22 million jury verdict in First Amendment action and successfully defended reversal before divided appeals court.

      D.T. v. Sumner Cnty. Sch., 942 F.3d 324 (6th Cir. 2019)
      Successfully handled appeal for school board involving federal constitutional claims and statutory challenges under Individuals with Disability Education Act.

      Keen v. Helson, 930 F.3d 799 (6th Cir. 2019)
      Obtained win on appeal for client in case involving issues of first impression under the federal Real Estate Settlement Procedures Act.

      Hosse v. Sumner Cty. Bd. of Educ., 776 F. App’x 902 (6th Cir. 2019)
      Successfully represented client on appeal from favorable jury verdict in action under the Age Discrimination in Employment Act.

      Hannon v. Louisiana-Pac. Corp., 784 F. App’x 444 (6th Cir. 2019)
      Represented employer in action under Age Discrimination in Employment Act.

      Segrist v. Bank of New York Mellon for Certificateholders of CWABS, Inc. Asset-Backed Certificates Series 2003-2, 744 F. App’x 932 (6th Cir. 2018)
      Successfully represented financial services companies in appeal involving Truth in Lending Act, fraud, and contract claims.

      Duncan v. Muzyn, 885 F.3d 422 (6th Cir. 2018)
      Persuaded divided appeals court to hold as matter of first impression that defined-benefit participants lacked standing to challenge cost-of-living adjustments.

      Barber v. Lincoln Nat’l Life Ins. Co., 722 F. App’x 470 (6th Cir. 2018)
      Obtained appellate win for insurer in action alleging breach of benefit plan.

      In re Haffey, 576 B.R. 540 (B.A.P. 6th Cir. 2017).
      Successfully represented creditor in bankruptcy appeal involving due-process issues of first impression.

      Direct Gen. Ins. Co. v. Indian Harbor Ins. Co., 661 F. App’x 980 (11th Cir. 2016)
      Represented insurer on appeal in coverage dispute with excess insurers. 

      Duncan v. Muzyn, 833 F.3d 567 (6th Cir. 2016)
      Successfully represented pension plan in dispute over governing rules and regulations, Takings Clause claim, and applicability of Administrative Procedures Act.

      State Auto Prop. & Cas. Ins. Co. v. Hargis, 785 F.3d 189 (6th Cir. 2015)
      Successfully represented insured in dispute with insurer regarding viability of reverse-bad-faith claim under Kentucky law.

      A.O. Smith Corp. & Gaylord Entm’t v. U.S., 774 F.3d 359 (6th Cir. 2014)
      Represented corporations suing United States government under Federal Tort Claims Act for over $250 million in damages relating to flood. 

      Thompson v. Bank of America, N.A., 773 F.3d 741 (6th Cir. 2014) 
      Successfully handled appeal involving federal and state legal challenges to securitization of mortgage loans. 

      Menkes v. Prudential Ins. Co. of Am., 762 F.3d 285 (3d Cir. 2014)
      Successfully defended employer in appeal involving scope of ERISA preemption. 

      Helmer v. Pogue, 567 F. App’x 894 (11th Cir. 2014) 

      Successfully represented claimants in bankruptcy appeal. 

      United Pet Supply, Inc. v. City of Chattanooga, 768 F.3d 464 (6th Cir. 2013)
      Obtained partial reversal for clients in interlocutory appeal challenging denial of summary judgment in section 1983 case. 

      Brim v. Midland Credit Mgmt., Inc., No. 11-12537 (11th Cir. 2011)
      Challenged adverse jury verdict in Fair Credit Reporting Act appeal. 

      Cooper v. CSX Transp., Inc., 560 F.3d 426 (6th Cir. 2009)
      Persuaded Sixth Circuit to hold that Federal Railway Safety Act precluded an action under Federal Employers’ Liability Act relating to the use of track ballast. 

      In re Teleglobe Commc’ns Corp., 493 F.3d 345 (3d Cir. 2007)
      Represented client in appeal involving the applicability of attorney-client privilege to communications between a corporation and its former subsidiary. 

      Galarneau v. Merrill Lynch, 504 F.3d 189 (1st Cir. 2007)
      Persuaded the First Circuit to vacate punitive-damage award in defamation action.

  • State Appellate Courts
    • THM Memphis Acquisitions, Inc. v. Loews Hotels Holding Corp., No. 2019-02271 (Tenn. Ct. App.)
      Representing North American hotel company on appeal in commercial dispute.

      The Lincoln Nat’l Life Ins. Co. v. Kennedy, No. 20A-PL-00837 (Ind. Ct. App.)
      Representing insurer on appeal in putative nationwide class action challenging interpretation of policy.

      PHI Air Medical v. Corizon, Inc., No. M2020-0800 (Tenn. Ct. App.)
      Representing national healthcare company in dispute with air-ambulance company in appeal involving scope of preemption under federal Airline Deregulation Act.

      Anderson Cnty. v. Tenn. State Bd. of Equalization, 2020 WL 762511 (Tenn. Ct. App. Feb. 14, 2020)
      Successfully obtained reversal of trial court judgment in substantial tax dispute. 

      In re Amiodarone Cases, 2020 WL 4355756 (Cal. Ct. App. July 30, 2020)
      Represented pharmaceutical manufacturer in successful challenge to state court’s ability to exercise personal jurisdiction over nonresident defendants.

      Individual Healthcare Specialists, Inc. v. BlueCross BlueShield of Tenn., Inc., 566 S.W.3d 671 (Tenn. 2019)
      Successfully obtained reversal of trial court judgment for insurer in seminal case involving the proper use of extrinsic proof to interpret contracts in Tennessee.

      Burke v. Sparta Newspapers, Inc., 592 S.W.3d 116 (Tenn. 2019)
      Persuaded Tennessee Supreme Court to hold that Tennessee’s fair-report privilege does not apply to non-public, one-on-one conversations between official and reporter.

      Deberry v. Cumberland Electric Membership Corp., No. M2017-02399-SC-R11-CV (Tenn. 2019)
      Persuaded Tennessee Supreme Court to grant discretionary review and vacate lower court order involving use of party-prepared findings of fact and conclusions of law.

      Corp. Flight Mgmt., Inc. v. Tal Aviation, S.A., 2019 WL 4052493 (Tenn. Ct. App. Aug. 28, 2019)
      Successfully represented client in commercial dispute regarding personal jurisdiction issues of first impression.

      Wells Fargo Bank, N.A. v. Lockett, 2019 WL 417998 (Tenn. Ct. App. Feb. 4, 2019)
      Successfully defended jury verdict for financial services client on appeal.

      SpecialtyCare IOM Servs., LLC v. Medsurant Holdings, LLC, 2018 WL 3323889 (Tenn. Ct. App. July 6, 2018), review denied (Tenn. Nov. 15, 2018)
      Represented large healthcare provider on appeal following jury trial in contractual dispute with competitor.

      Bourbon Community Hospital v. Wellcare Health Insurance Co., No. 2018-CA-956 (Ky. Ct. App. 2018)
      Represented rural hospitals in contractual dispute with MCOs over payment for ER services.

      Jakes v. Sumner Cnty. Bd. of Educ., 2017 WL 3219511 (Tenn. Ct. App. July 28, 2017)
      Represented client in appeal involving scope of Tennessee Public Records Act

      Commonwealth v. Pinnacle, Inc., No. 2014-CA-001974, 2017 WL 729172 (Ky. Ct. App. Feb. 24, 2017), review granted (Ky. Feb. 7, 2018)
      Represented concrete manufacturer in Kentucky Supreme Court and Court of Appeals in product-liability case involving contract issues and economic-loss rule.

      Sipes v. Sipes, 2017 WL 417222 (Tenn. Ct. App. Jan. 31, 2017)
      Obtained reversal of trial court judgment for financial services client in case involving reformation of deed.

      Ram Tool & Supply Co., Inc. v. HD Supply Constr. Supply Ltd., 2016 WL 4008718 (Tenn. Ct. App. July 21, 2016)
      Represented construction tools and distribution company in intellectual property dispute with competitor in appeal addressing the preemptive scope of Tennessee Uniform Trade Secrets Act.

      Avenue Bank v. Guarantee Ins. Co., 2015 WL 5838309 (Tenn. Ct. App. Oct. 6, 2015)
      Successfully handled breach-of-contract appeal for client in dispute with insurer.

      Fricano v. Bank of Am. NA, 875 N.W.2d 143 (Wis. Ct. App. 2015)
      Handled appeal from adverse jury verdict for client involving false-advertising statute.

      Noranda Aluminum, Inc. v. Golden Aluminum Extrusion, LLC, 2014 WL 4803149 (Tenn. Ct. App. 2014)
      Successfully represented commercial entity in defending summary judgment under the Uniform Fraudulent Transfer Act.

      Ram Tool & Supply Co. v. HD Supply Const. Supply, Ltd., 2014 WL 4102418 (Tenn. Ct. App. Aug. 19, 2014)
      Handled appeal for client in intellectual-property dispute.

      Elliott v. KB Home N. Carolina, Inc., 752 S.E.2d 694 (N.C. Ct. App. 2013), review denied (N.C. 2014)
      Represented construction client on appeal in class-action asserting variety of state product-liability claims.

      Wells Fargo Bank v. Lockett, 2014 WL 1673745 (Tenn. Ct. App. 2014) 
      Represented financial services client in appeal involving proper interpretation of real estate contract and whether rescission was remedy available under Tennessee law. 

      Bank of America, N.A. v. Prissel, 859 N.W.2d 172 (Wis. Ct. App. 2014) 

      Successfully handled appeal involving unresolved issue of statutory construction. 

      The SJR Limited Partnership v. Christie’s, Inc., 2014 WL 869743 (Tenn. Ct. App. 2013) 
      Successfully handled appeal denying auction house’s motion to compel arbitration.

      Dille v. Centerre Healthcare Corporation, No. 05-11-01354, 2012 WL 2454221 (Tex. Ct. App. 2012)
      Successfully represented employer in appeal involving state payday laws.

      Fox v. Grayson, 317 S.W.3d 1 (Ky. 2010)
      Briefed and argued appeal before the Kentucky Supreme Court on behalf of the governor of Kentucky involving the constitutionality of bicameral legislative confirmation requirements for executive-branch appointees. 

      CSX Transp., Inc. v. Bickerstaff, 978 A.2d 760 (Md. Ct. Spec. App. 2009)
      Persuaded appellate court to vacate damages award and remand for a new trial on damages in product-liability case. 

      Eastside Vend Distribs., Inc. v. Pepsi Bottling Grp., Inc., 913 A.2d 50 (Md. 2006) 
      Successfully defended trial court’s denial of a preliminary injunction in price-discrimination action.

  • Amicus Briefs - Federal & State Appellate Courts
    • Renasant Bank Inc. v. Landcastle Acquisition Corp., No. 20-90013 (11th Cir. 2020)
      Authored amicus brief for American Bankers Association addressing whether financial institutions that take over failed banks as a receiver are protected from undisclosed claims that an assumed loan obligation is invalid.

      Nat’l Family Farm Coal. v. U.S. Envtl. Prot. Agency, 960 F.3d 1120 (9th Cir. 2020)
      Authored amicus brief for farmers’ groups relating to EPA registration decisions.

      In re Affymetrix, Inc. and Life Technologies Corp., No. 2019-104 (Fed. Cir. 2019)
      Authored amicus brief for Association of Corporate Counsel and National Association of Manufacturers addressing scope of common-interest doctrine for attorney-client privilege.

      Opry Mills Mall Ltd. P’ship v. Arch Ins. Co., No. M2016-01763 (Tenn. 2018)
      Authored amicus brief for Tennessee Chamber of Commerce and other contractor and business groups asking Tennessee Supreme Court to decide whether promissory estoppel applies to representations of coverage made in certificates of insurance.

      Charles Schwab Corp. v. Bank of Am. Corp., 883 F.3d 68 (2d Cir. 2018)
      Authored amicus brief for Institute of International Bankers and Clearing House Association in action alleging manipulation of LIBOR.

      Gelboim v. Bank of America Corp., 135 S. Ct. 897 (U.S. 2015) 
      Authored amicus brief for U.S. Chamber of Commerce in case involving appealability of multidistrict litigation (MDL) orders. 

      Tibble v. Edison Int’l, 135 S. Ct. 1823 (U.S. 2015) 
      Authored amicus brief for DRI in case involving applicability of ERISA’s six-year statute of limitations. 

      The Tennessean v. Metro. Gov’t of Nashville & Davidson Cnty., No. M2014-00524-SC-R11-CV (Tenn. 2015) 
      Authored amicus brief on behalf of four advocacy groups seeking victims’ rights exception to Tennessee Public Records Act. 

      Dart Cherokee Basin Operating Co. v. Owens, 135 S. Ct. 547 (U.S. 2014)

      Authored amicus brief helping to persuade the Supreme Court to disavow widely adopted presumption against removal to federal court in class actions. 

      Hooker v. Haslam, 437 S.W.3d 409 (Tenn. 2013) 
      Authored amicus brief for Tennessee Bar Association in defending constitutionality of Tennessee's method of selecting appellate judges. 

      Southgate Master Fund, L.L.C. v. United States, 659 F.3d 466 (5th Cir. 2012)
      Authored amicus brief for clients on federal tax issue.