Stacie Smith Winkler

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First Tennessee Building
165 Madison Avenue
Memphis, Tennessee 38103
T: 901.577.8187
F: 901.577.4270

Stacie S. Winkler, a shareholder in the Memphis office, concentrates her practice in business and health care litigation. Ms. Winkler has experience in defending medical malpractice cases, breach of contract, bad faith insurance actions, class actions, personal injury cases, products liability actions, municipal lawsuits and insurance coverage matters. Ms. Winkler has represented individuals, businesses and insurers at trial. Her trial practice consists of representing clients at all stages of litigation in cases filed in both federal and state courts in Tennessee and Arkansas.

Ms. Winkler has tried a number of jury and bench trials and has argued before the Tennessee Court of Appeals. She has defended numerous insurance "bad faith" and medical malpractice lawsuits. Her experience in class action lawsuits includes defense of insurers as well as municipal entities.  

Ms. Winkler has experience representing individuals, hospitals, long term care facilities, medical device manufacturers and pharmaceutical companies in health care and business matters, including medical malpractice. She has obtained jury verdicts, dismissals and summary judgments in medical malpractice cases on behalf of her clients. She has also worked with health care clients on quality assurance and litigation avoidance.

Representative Matters

  • Successfully defended appeal of summary judgment against pension plan of utility based on statutes of limitations for breach of contract and Tennessee Human Rights Act claims.
  • Successfully defended against class certification in alleged breach of contract lawsuit against municipal organization.
  • Obtained a jury verdict in favor of transplant physicians in a medical battery case.
  • Obtained a jury verdict in favor of a privately-owned local business in a premises liability lawsuit.
  • Obtained a judgment for compensatory and punitive damages in bench trial on behalf of municipal entity for violation of easement contract.
  • Obtained dismissal of bad faith allegations against insurer in federal jury trial.
  • Obtained summary judgment in alleged breach of easement contract against municipal organization.
  • Successfully defended appeal of judgment to Tennessee Court of Appeals for municipal entity.
  • Obtained early dismissal of alleged bad faith action against large insurer based on uninsured motorist statute in Tennessee.
  • Obtained early dismissal of class action lawsuit alleging bad faith action against national insurer.
  • Obtained summary judgment on behalf of insurer in personal injury matter based on statute of limitations. 

Publications & Speaking Engagements

  • Presenter – "Metamorphosis: How Technology is Reshaping Entertainment," University of Tennessee College of Law, March 2012
  • Presenter – "Social Media In Discovery: Avoiding Ethical Landmines," American Bar Association teleconference, November 1, 2011
  • Presenter – "How to and How Not to Use Social Media Sites as Informal Discovery," Memphis Bar Association YLD, August 9, 2011
  • Presenter – "Discovery Issues in the Age of Social Media," Federal Bar Association, July 19, 2011
  • Presenter – "Using Facebook and Other Social Networking Sites as Informal Discovery Tools," MBA Bench Bar Conference, May 4, 2011
  • "Social Media Rules of Civil Procedure," LexisNexis® Litigation Resource Center Podcast featuring Lisa McManus, Min Cho and Stacie Winkler, March 30, 2011
  • "Social Media and the Law: How to Be an Ethical Stalker," LexisNexis® Litigation Resource Center Podcast featuring Lisa McManus, Min Cho and Stacie Winkler, March 17, 2011
  • Presenter – ABA YLD Fellows Debate, "Wikileaks: Dirty Briefs v. Airing Laundry," February 12, 2011
  • Presenter – "Using Facebook and Other Social Networking Sites as Informal Discovery Tools," ABA YLD Midyear Meeting 2011, February 11, 2011
  • Moderator – "Encountering and Avoiding Ethical Traps," Tennessee Bar Association, February 4, 2011
  • Co-author – Tennessee Chapter - "Insurance Bad Faith-2010 – State by State Compendium," DRI Defense Library Series, Winter 2010
  • Moderator – "They Had a Dream Too," Panel Discussion regarding civil rights and social justice, American Bar Association Section of Individual Rights and Responsibilities and Memphis Bar Association, October 21, 2010
  • Moderator – "Trial Practice for Today's Litigator," Tennessee Bar Association, April 8, 2010
  • Presenter – "Transitional Legal Education- Beginning and Ending the Client Relationship," Memphis and Tennessee Bar Associations, November 19, 2009
  • Presenter – "Expert Witness Forum - Finding and Selecting Experts," Tennessee Bar Association, July 28, 2009
  • Author – "State v. Lucas: Issuance of Capias Under the Motor Vehicle Habitual Offenders Act," Tennessee Journal of Practice and Procedure, Fall 2002

Professional Activities

  • American Bar Association
    • Vice-Coordinator, New Partner and In-House Counsel Conference, 2011 – 2012
    • Sponsorship Chair of Young Lawyers Division, 2009 – 2010; 2010 – 2011
    • Insurance Coverage Litigation Committee Member, 2009 – present
  • Tennessee Bar Association
    • Secretary of Young Lawyers Division, 2010 – 2011; 2011 – 2012
    • CLE Chair of Young Lawyers Division, 2009 – 2010; 2010 – 2011
    • TBA House of Delegates YLD Representative, Western Division, 2010 – 2011
    • Affiliate Representative YLD Board, 2007 – 2008
  • Memphis Bar Association
    • Co-chair, CLE Bench Bar Conference, 2011 – 2012
    • CLE Chair, 2009 – 2010; 2010 – 2011 
    • President of Young Lawyers Division, 2007 – 2008
    • Vice President of Young Lawyers Division, 2006 – 2007
    • Board of Directors of Young Lawyers Division, 2004 – 2006
    • Leadership Forum Graduate, 2004 – 2005
    • Leadership Forum Mentor, 2008 – 2010
    • Judicial Evaluation Survey Task Force, 2009 – 2010 
  • Gestalt Community Schools
    • Board of Directors, 2011 – present
  • Downtown Porter Boys and Girls Club
    • Chair of Board of Directors, 2010
    • Vice-Chair of Board of Directors, 2009
    • Secretary of Board of Directors, 2006 – 2008 
  • Other Professional Activities
    • Leadership Academy Graduate, 2010
    • Leo Bearman Sr. American Inn of Court – Member
    • Tennessee Lawyers Association for Women – Member
    • National Association of Women Judges Annual Conference 
      • Volunteer Committee Coordinator, 2009
    • Mock Trial Coach for Central High School, 2005 – 2010
    • Moot Court Coach for University of Memphis Law School
      • Jessup International Moot Court Team, 2002 – 2004
    • Federal Bar Association – Member

Professional Honors

  • Woman and Youth Award, Boys and Girls Club of Memphis, 2011
  • Mid-South Rising Star by Mid-South Super Lawyers, 2009; 2011 
  • President's Award for Tennessee Bar Association YLD, 2009 – 2010
  • Inn of Court Outstanding Barrister Award, 2009 – 2010

Admissions

  • Tennessee, 2003
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court, Eastern, Middle and Western Districts of Tennessee
  • U.S. District Court, Eastern and Western Districts of Arkansas

Education

  • University of Memphis, J.D., 2003, magna cum laude
    • Moot Court Board, Associate Justice Advanced Moot Court, 2002 – 2003
    • Associate Editor – Tennessee Journal of Practice and Procedure, 2002 – 2003
    • National Mock Trial Team, 2003
    • International Moot Court Team, 2002
    • Fellowship, 2001 – 2003
    • Recipient – University of Memphis School of Law CALI Excellence Awards: Civil Procedure II (Spring 2001); Decedents’ Estates (Summer 2001); Secured Transactions (Summer 2001); Criminal Procedure II (Spring 2001); Sports Law (Spring 2003)
    • Best Oral Advocate Advanced Moot Court Competition, Fall 2001
    • Best Oral Advocate Legal Methods, Spring 2001
  • Centre College of Kentucky, B.A. in Economics, 2000