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Marcie Kiggans Bradley

Associate

Marcie Kiggans Bradley is an associate in the Firm's Chattanooga office and a member of the Advocacy Department.

Featured Experience

Obtained summary judgment in favor of ERISA benefits plan and third-party administrator in a lawsuit seeking the recovery of funds for services performed to a patient covered under the plan.
Obtained affirmation by the Sixth Circuit Court of Appeal of the district court's grant of summary judgment on the administrative record in an ERISA wrongful denial of long-term disability benefits suit.
Obtained summary judgment in favor of an insurance company in an ERISA wrongful denial of short-term and long-term disability benefits suit.

Professional Biography

Overview

Ms. Bradley specializes in employee benefits and was recognized as a 2016 Super Lawyers Mid-South Rising Star for her employee benefits practice.  Mrs. Bradley primarily assists clients with matters related to ERISA, non-ERISA employee benefits, employment, e-discovery, construction and general commercial litigation matters, trying cases to conclusion or resolving them through alternative dispute resolution. Mrs. Bradley represents several national insurers in all aspects of litigation in state and federal courts at all levels throughout the Sixth Circuit. She regularly defends them against ERISA and non-ERISA disability, life, health and accidental insurance claims.

Ms. Bradley also represents employers in an array of employment law areas, including retaliatory discharge, violations of the Tennessee Human Rights Act and violations against the Tennessee Public Protection Act. She also represents pension plans in employee benefits litigation.

Ms. Bradley also has experience handling electronic discovery in a variety of litigation contexts. She works with clients throughout the entire e-discovery process from legal hold preparation to production. Ms. Bradley regularly uses predictive coding and other technology in order to create efficiencies for her clients. She recently successfully managed the electronic discovery in a multi-million dollar case.

Ms. Bradley handles a variety of construction issues, including contract disputes, liens and claims related to delay and change orders. Ms. Bradley is a Rule 31 Listed General Civil Mediator.

Representative Matters
  • Obtained summary judgment in favor of ERISA benefits plan and third-party administrator in a lawsuit seeking the recovery of funds for services performed to a patient covered under the plan.
  • Obtained affirmation by the Sixth Circuit Court of Appeal of the district court's grant of summary judgment on the administrative record in an ERISA wrongful denial of long-term disability benefits suit.
  • Obtained summary judgment in favor of an insurance company in an ERISA wrongful denial of short-term and long-term disability benefits suit.
  • Successfully collected money owed for construction materials and services from a contract bond holder.
  • Achieved the dismissal of a lawsuit alleging violations of the Home Affordable Modification Program.
  • Successfully achieved the dismissal of a hospital in a case alleging medical malpractice.
  • Affirmation by the Sixth Circuit of the district court's holding that lawsuits against medical providers relating to ERISA medical determinations are completely preempted by ERISA and, therefore, properly removable.

  • Summary judgment in favor of ERISA claims administrator in ERISA short term and long term disability suit after remand from the district court.

Professional Honors & Activities
  • Named a Mid-South Rising Star by Mid-South Super Lawyers in Employee Benefits (2016)
  • Rule 31 Listed General Civil Mediator
  • Law School – Technology Editor, Emory Law Journal; Dean's Teaching Fellow 2008 – 2009; Attorney's Title Guaranty Fund Award 2008; Dean's List; Dean's Award, Property; Dean's Award Law and Economics; Semi-Finalist, Moot Court Spring 2007 Intra-school Competition
  • Undergraduate – Highest Honors in Political Science; University Honors Program; Brock Scholar; Frank W. Prescott Award for Outstanding Political Science Graduate; Award for Outstanding Senior in Political Science
  • Member – Chattanooga, Tennessee and American Bar Associations
  • Member – Federal Bar Association
  • Member – American Inns of Court
Reported Cases
  • Frazier v. Life Insurance Company of North America, 12-62-16, 2013 WL 3968766 (6th Cir. Aug. 5, 2013) (affirming the district court's grant of summary judgment in favor of insurance company, reasoning that the insurance company had the discretionary authority to deny the claimant's ERISA long-term disability benefits and the denial was neither arbitrary nor capricious).
Speaking Engagements
  • Co-presenter – "Social Media in the Courtroom," Tennessee Judicial Conference (March, 2012)

Awards

Education

  • Emory School of Law, J.D., with honors (2009)
    • Order of the Coif
  • University of Tennessee at Chattanooga, summa cum laude (2006)

Admissions

  • Tennessee (2009)
  • United States District Court for the Eastern District of Tennessee (2010)
  • U.S. Court of Appeals for the Sixth Circuit

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