Selected Decisions from Mr. Vowell’s Work on Appeal
Won reversal of a trial court decision that enabled his client to recover a $193,000 judgment. (View the Court’s Decision)
Won reversal of the trial court’s ruling that the action was barred by the statute of limitations in this direct appeal to the Supreme Court. Ruling that the trial court had erroneously applied the “discovery rule” rather than the “last day worked rule.” (View the Court’s Decision)
Won reversal of both the trial court and the Court of Appeals. The Tennessee Supreme Court ruled that an exculpatory clause was unenforceable because it was contrary to the public interest, with the Court adopting the “totality of the circumstances” test for determining whether an exculpatory clause was valid. This was the Supreme Court’s first look at exculpatory clauses in 25 years. (View the Court’s Decision)
Won reversal of the United States District Court a second time in this important environmental law case, forcing TVA to suspend its new policy of cutting down all of the millions of trees in its right-of-way, many of them 50-100 years old. (View the Court’s Decision)
Won reversal of the United States District Court in Knoxville to stop TVA’s implementation of what it called the 15-foot rule, a new policy that would have removed virtually all of the millions of trees in TVA’s 15,900 mile right-of-way. (View the Court’s Decision)
The Court of Appeals interpreted T.C.A. 66-5-108 to hold that the defendant had abandoned its claim to the mineral rights on the plaintiff’s property. Mr. Vowell preserved the trial court win on appeal. (View the Court’s Decision)
Won reversal of the trial court’s dismissal of this federal disability insurance case. (View the Court’s Decision)
In this en banc decision of the 6th Circuit, Mr. Vowell won reversal of the United States District Court in Knoxville after the Court dismissed a case brought by a citizen of Harriman after five police officers dragged him out of his car (parked in his own driveway) and assaulted him with Mace. The case was notable for its 29-page dissenting opinion with a 12-page catalog of some 161 previous decisions that were overturned by the decision. (View the Court’s Decision)
Won reversal of the United States District Court in Chicago after the Court approved a disadvantageous settlement that would have destroyed the Tennessee fiber-optics class action litigation, with the Tennessee landowners receiving essentially nothing. (View the Court’s Decision)
In this decision the Tennessee Supreme Court warded off an attempt to poach the class action. (View the Court’s Decision)
This decision by the Tennessee Supreme Court established the landowners’ right to proceed against Sprint in a class action. (View the Court’s Decision)
This decision by the Tennessee Supreme Court established the landowners’ right to just compensation when Sprint unlawfully took their land for its fiber-optics cable. (View the Court’s Decision)
Won reversal of a $1,250,000 punitive damages award against a trucking company. (View the Court’s Decision)
Selected Briefs from Mr. Vowell’s Work on Appeal
Appellant’s Main Brief on Appeal (Tennessee Supreme Court) (View the Brief)
Appellants’ Main Brief on Appeal (United States Court of Appeals for the Sixth Circuit). (View the Brief)
Appellants’ Main Brief on Appeal (United States Court of Appeals for the Sixth Circuit) (View the Brief)
Appellant’s Main Brief on Appeal (Tennessee Court of Appeals, Eastern Section) (View the Brief)
Respondent’s Brief in Opposition (United States Supreme Court) (View the Brief)
Respondent’s Brief in Opposition (United States Supreme Court) (View the Brief)
Decisions on Appeal
- Stephen H. Bills, et al. v. Joe B. Barton, et al., 2024 WL 3983364 (Tenn. Ct. App. Aug. 29, 2024)
- Anderson Poured Walls, Inc. v. Gilbert Clark, et al., 2024 WL 50232 (Tenn. Ct. App. Jan. 4, 2024)
- Averwater v. Averwater, 2023 WL 8947905 (Tenn. Ct. App. Dec. 28, 2023)
- Owens v. Vanderbilt University Medical Center, 2023 WL 3522326 (Tenn. Ct. App. May 18, 2023)
- Dunn v. Vukodinovich, 2023 WL 2698788 (Tenn. Ct. App. Mar. 29, 2023)
- DayCab Company, Inc. v. Prairie Technology, LLC, et al., 67 F.4th 837 (6th Cri. 2023)
- Sherwood v. Tennessee Valley Authority, 46 F.4th 439 (6th Cir. Aug. 22, 2022)
- In re Lyric N., 2022 WL 3010501 (Tenn. Ct. App. 2022)
- Walker v. McMillin, 2022 WL 420666 (Tenn. Ct. App. Feb. 11, 2022)
- Finley v. Wettermark Keith, LLC, 2021 WL 3465865 (Tenn. Ct. App. Aug. 6, 2021)
- Sevier County Schools Federal Credit Union, et al. v. BB&T Company, 990 F.3d 470 (6th Cir. 2021)
- Ammons v. Longworth, 2019 WL 6034939 (Tenn. App. 2019)
- Williams v. SWS d/b/a SecureWatch, 2019 WL 4740106 (Tenn. 2019)
- Copeland v. HealthSouth/Methodist Rehabilitation Hospital, LP, 565 S.W.3d (Tenn. 2018)
- Sherwood v. Tennessee Valley Authority, 842 F.3d 400 (6th Cir. 2016)
- Currence v. Harrogate Energy, LLC, 2015 WL 2257229 (Tenn. App. 2015)
- Sherwood v. Tennessee Valley Authority, 590 Fed. Appx. 451, 2014 WL 5368863 (6th Cir. 2014)
- In re Estate of Schorn, 359 S.W.3d 192 (Tenn. App. 2011)
- Christenberry Trucking & Farm, Inc. v. F & M Mktg. Servs., Inc., 329 S.W.3d 452 (Tenn. Ct. App. 2010)
- Harmon v. Meek, 2008 WL 918513 (Tenn. App. 2008)
- Ross v. Broadway Towers, Inc., 228 S.W.3d 113 (Tenn. App. 2006)
- Chapman v. Bearfield, 2005 WL 1981796 (Tenn. Ct. App. Aug. 16, 2005) aff’d and remanded, 207 S.W.3d 736 (Tenn. 2006)
- Smith v. Sprint Communications Co., L.P., 387 F.3d 612 (7th Cir. 2004)
- Keith v. Howerton and Easy Money, Inc., 165 S.W.3d 248 (Tenn. Ct. App. 2004)
- Keylon v. Hill, 2003 WL 22927143 (Tenn. App. 2003)
- Keith v. Howerton and Easy Money Inc., 2002 WL 31840683 (Tenn. Ct. App. 2002)
- Spangler v. Lockheed Martin Energy Systems, Inc., 313 F.3d 356 (6th Cir. 2002)
- Frye v. Frye, 80 S.W.3d 15 (Tenn. App. 2002)
- Keith v. Howerton and Easy Money, Inc., 2001 WL 984913 (Tenn. Ct. App. Aug. 28, 2001)
- Gabel v. Gabel, 2001 WL 1089521 (Tenn. App. 2001)
- Moore v. City of Harriman, 272 F.3d 769, 51 Fed.R.Serv.3d 641 (6th Cir. 2001) (en banc)
- Moore v. City of Harriman, 218 F.3d 551 (6th Cir. 2000)
- National Gas Distributors v. Sevier County Utility District, 7 S.W.3d 41 (Tenn. App. 1999)
- Keister v. Lewis, 1999 WL 76063 (Tenn. Ct. App. Jan. 28, 1999)
- Meighan v. Sprint, 942 S.W.2d 476 (Tenn. 1997)
- Pratt v. Smart Corp., 968 S.W.2d 868 (Tenn. App. 1997)
- Meighan v. Sprint, 924 S.W.2d 632 (Tenn. 1996)
- Buhl v. Sprint, 840 S.W.2d 904 (Tenn. 1992)
- National Gas Distributors v. State of Tennessee, 804 S.W.2d 66 (Tenn. 1991)
- Clinton Seafood, Inc. v. Harrington, No. 1408, 1991 WL 50218 (Tenn. App. 1991)
- Satterfield v. Satterfield, No. C.A. 1760, 1990 WL 130823 (Tenn. Ct. App. 1990)
- Lloyd v. Hensley, No. C.A. 1156, 1988 WL 98740 (Tenn. Ct. App. 1988)
- Daniel v. Hopson, No. CA 730, 1988 WL 1734 (Tenn. Ct. App. 1988)
- Janzen v. Knox County Bd. of Educ., 790 F.2d 484 (6th Cir. 1986)
- Ratcliffe v. Ratcliffe, 709 S.W.2d 609 (Tenn. Ct. App. 1986)
- Cox v. Cox, No. C/A 1061, 1986 WL 7434, (Tenn. App. 1986)
- Womack v. Gettelfinger, 808 F.2d 446 (6th Cir. 1986)
- Soldano v. Owens-Corning Fiberglass Corp., 696 S.W.2d 887 (Tenn. 1985)
- Knoxville Rod and Bearing v. Bettis Corporation, 672 S.W.2d 203 (Tenn. App. 1983)
- Kelly v. Adroit, Inc., 480 F. Supp. 392 (E.D. Tenn. 1979), aff’d, 657 F.2d 267 (6th Cir. 1981)