This e-mail and any attachments may be privileged, confidential, and/or proprietary. If you are not the intended recipient of this email, please delete it and do not read, distribute, or reproduce it. The unauthorized use of this e-mail is strictly prohibited. Thank you.

—–Original Message—–
From: Rebecca Adelman [mailto:rebecca@AdelmanFirm.com]
Sent: Thursday, October 01, 2009 3:20 PM
Subject: Sherrod v. Mariner – DJ Action – TN 2.7 M ADR award

Good day all and recall our report on the Sherrod v. Mariner ADR award of $2.7 in this TN case decided by TX arbitrators. Attached is the Declaratory Judgment Vacating Arbitration Award filed by Mariner. Thanks to John Curtis for his synopsis of the issues below. We will keep you posted and send you the response when filed.

Mariner alleges the following:

*            The arbitration panel disregarded the credible evidence and

awarded a substantial compensatory award in a case with little or no physical harm caused directly by Mariner.

*            The panel erred by awarding damages for pain and suffering

and mental anguish under both the medical malpractice and Tennessee Adult Protection Act claims.

*            The panel awarded $1.5 million in punitive damages, in

addition to the duplicative compensatory awards, despite a lack of evidence to support the award and even though the evidence showed Mariner was a completely revamped company owned by a man who had no knowledge of the events, and even though that man had completely eliminated the source of the behavior alleged to justify punitive damages.

*            The punitive award exceeds the 1:1 ratio between punitive

damages and compensatory damages approved by the United States and Tennessee Supreme Courts for cases in which substantial compensatory awards are given.

*            The punitive damage award alone would exhaust over 12% of

the company’s net worth, which amounts to a clear violation of the company’s constitutional rights.

*            These awards suggest evident partiality or corruption in

the arbitrators, that they clearly exceeded their powers, or that they so imperfectly executed their powers that the award should be vacated.

Rebecca

Rebecca Adelman, Esq.

THE LAW AND MEDIATION OFFICES

OF REBECCA ADELMAN, PLC

545 S. Main St., Suite 111

Memphis, Tennessee 38103

p] 901.529.9313

f] 901.529.8772

1801 Crane Ridge Rd., Suite B

Jackson, Mississippi 39216

p] 601.321.9413

f] 601.321.9421

www.adelmanfirm.com

NOTICE: THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS MAY CONTAIN CONFIDENTIAL INFORMATION AND MAY CONSTITUTE AN ATTORNEY-CLIENT COMMUNICATION THAT IS PRIVILEGED AT LAW.  IT IS NOT INTENDED FOR TRANSMISSION TO, OR RECEIPT BY, ANY UNAUTHORIZED PERSONS.  IF YOU HAVE RECEIVED THIS ELECTRONIC MAIL TRANSMISSION IN ERROR, PLEASE DELETE IT FROM YOUR SYSTEM WITHOUT COPYING IT, AND NOTIFY THE SENDER BY REPLY E-MAIL, SO THAT OUR ADDRESS RECORD CAN BE CORRECTED.

Author: Defense Counsel from UNK

loggedout