Robert F. Tom

Defended a client in a three-day jury trial in a breach of contract action arising out of a lease dispute. Obtained a unanimous jury verdict in favor of the client which resulted in a global settlement of nine related cases and a settlement amount of more than $1 million for the client.

Represented a financial institution in a lawsuit alleging violations of the Telephone Consumer Protection Act based on more than 400 alleged telephone calls to the plaintiff's cellular phone.

Defended a pharmaceutical company in a product liability lawsuit alleging that prescription medication manufactured by the company was inadequately labeled; obtained dismissal of the lawsuit on a motion to dismiss.

Represented a medical device company and obtained dismissal, through motion to dismiss, of a product liability lawsuit alleging a defective medical device, negligence, failure to warn, and breach of express and implied warranties.

Defended a financial institution in a lawsuit alleging improper withdrawals of funds from a checking account which resulted in the plaintiff's voluntary dismissal of the case.

On a motion to dismiss, obtained dismissal of a financial institution from a lawsuit alleging breach of contract and fraud arising out of a mortgage transaction; successfully defended dismissal of the lawsuit on appeal.

Defended a grocery store in a product liability class action alleging that certain foods from the store were mislabeled as "All Natural;" after successfully removing the case to federal court and prevailing on the plaintiff's motion to remand, the plaintiff voluntarily dismissed the lawsuit.

Defended a grocery store in a product liability lawsuit alleging that food purchased from the store was improperly labeled, causing the minor plaintiff to have a severe allergic reaction.

Defended a grocery store and hemp manufacturer in a product liability lawsuit alleging that food purchased by the plaintiff was defective and improperly labeled; obtained dismissal of the lawsuit on motion to dismiss.

Obtained the reversal of a trial court's denial of a motion to dismiss the claims against a national mortgage servicing company based on the Home Affordable Modification Program (HAMP), and established Tennessee law that there is no private right of action under HAMP.

Defended an international automobile manufacturer in a class action lawsuit alleging violations of the Tennessee Consumer Protection Act and breach of implied warranties under Tennessee law. After filing motions to dismiss and to strike class action allegations on behalf of the automobile manufacturer, the plaintiff filed a notice of voluntary dismissal dismissing his case.

Successfully defended a national financial institution against Home Affordable Modification Program (HAMP), Tennessee Consumer Protection Act (TCPA), Truth in Lending Act (TILA) and breach of contract claims. Obtained dismissal of the HAMP, TCPA and breach of contract claims on a motion to dismiss, and negotiated a global settlement with the plaintiff and co-defendant, which resulted in dismissal of the remaining TILA claim with the client having to pay nothing.

Successfully defended city school system in a jury trial in a breach of contract action in which a locally-owned bus company was seeking millions of dollars in damages. After a seven-day jury trial, the jury deliberated for less than two hours before returning a complete defense verdict.

Defended a financial institution in a declaratory judgment action against the plaintiff's assertions that two loans had been discharged and released, and successfully prosecuted a counterclaim for breach of contract, receiving the full amount of damages sought plus attorneys' fees. Successfully argued before the Tennessee Court of Appeals and obtained an affirmance of the trial court's judgment, in addition to an award of appellate attorneys' fees.

Obtained summary judgment for a national financial institution in a lawsuit alleging multiple violations of the Right to Financial Privacy Act.

Prevailed as the plaintiff in a two-day bench trail in the U.S. District Court for the Northern District of Georgia on behalf of our client, a national investment management firm. Based on the evidence and arguments presented at trial, the court awarded our client compensatory damages for claims of breach of contract, fraud, and civil conspiracy, among others. The judge also held two corporate defendants personally liable and awarded punitive damages and attorneys’ fees to our client.

Prevailed on a motion to dismiss on behalf of a doctor and his corporation in a federal class action lawsuit alleging that they unlawfully engaged in the corporate practice of medicine.