Gary C. Shockley

Successfully defended a professional services firm and its new owner in a bench trial on breach of contract and declaratory judgment claims, including securing judgment against a prior owner on counterclaims for violation of Uniform Trade Secrets Act, breach of employment agreement, promissory fraud, and declaratory judgment as to governing agreements.

Secured dismissal on standing grounds (absence of concrete injury) of a putative nationwide class action for RICO violations, unjust enrichment, and related claims arising out of alleged health care fraud.

Defended a food processing facility in a Clean Water Act (CWA) citizen suit and common law nuisance action by 45 neighbors complaining of alleged odors and overflow from discharge to a city sewer system, resulting in a jury awarding no damages against the client after a three-week federal trial and a favorable post-trial settlement on the remaining CWA claims.

Represented a quarry operator in an action alleging nuisance from quarry operations, including property damage, noise and dust from controlled blasting, resulting in a defense verdict following a two-week jury trial.

Represented a TVA engineering contractor in a putative class action arising out of the collapse of the Kingston Fossil Plant ash pond, successfully opposing certification of a proposed class of 5,000 property owners seeking over $900 million in alleged lost property value from the spill, and subsequently secured dismissal of the action on derivative immunity grounds.

Defended pesticide manufacturer in opposing certification of proposed class of property owners affected by historic wastewater discharges to creek. Following Rule 23 certification hearing, class certification was denied by U.S. Magistrate Judge and, on appeal, by U.S. District Court Judge (federal court).

Represented a health insurer in putative class action on behalf of state medical association member-physicians, alleging breach of contract, unjust enrichment, and violation of Tennessee Consumer Protection Act; secured order compelling arbitration from trial court and affirmance on appeal (state court).

Secured the dismissal of $50 million tort and punitive damages claims for malicious prosecution against health insurer by former network provider, resolving issue of first impression under Tennessee statute. Following remand, represented insurer in twelve-day jury trial on remaining breach of contract claim, resulting in jury verdict of zero.