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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 Adelman, Esq.
THE LAW AND MEDIATION OFFICES
OF REBECCA ADELMAN, PLC
545 S. Main St., Suite 111
Memphis, Tennessee 38103
1801 Crane Ridge Rd., Suite B
Jackson, Mississippi 39216
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