Document Category:
State: Tennessee
Subject Matter: Alleged unlawful contracting for excessive legal fees in connection with the cap set forth in the Tennessee Medical Malpractice
Document Title:
Comments:

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN SECTION OF TENNESSEE

WESTERN DIVISION

DERRICK ALLEN individually and in his

capacity as the Conservator of ELIZABETH ) Case No.

ALLEN, CHERILYN STEWART

individually and in her capacity as the

Executrix of the Estate of ELIZABETH

ALLEN, STELLA YOUNG individually

and MARY DOTSON individually,

PLAINTIFFS,

v.

WILKES & McHUGH,.P.A., a Florida

professional association ) JURY TRIAL DEMANDED

DEFENDANT.

TO THE HONORABLE DISTRICT COURT JUDGE:

I.

NATURE OF THE ACTION

1. This lawsuit is brought under (i) the Tennessee Consumer Protection Act

(hereinafter referred to as the "TCPA") of 1977, as amended, TENN. CODE ANN. §§ 47-18-101 to

47-18-125, (ii) the Tennessee Medical Malpractice Act, TENN. CODE ANN. § 29-26-120, and (iii)

Tennessee common law to remedy Defendant’s unlawful contracting for and collection of

Case 2:10-cv-02374-JPM-cgc Document 1 Filed 05/18/10 Page 2 of 25

excessive legal fees in connection with the cap set forth in the Tennessee Medical Malpractice

Act, TENN. CODE ANN. § 29-26-120. Among other forms of relief, Plaintiffs seek compensatory

damages, and punitive or treble damages (whichever is determined to be higher by the trier of

fact) based upon Defendant’s intentional, reckless and/or willful misconduct as well as

reasonable attorney’s fees under the TCPA.

2. Plaintiffs named herein were not included in the recently settled class action

known as Debbie Howard and Lora L. Newson, on behalf of themselves and all similarly

situated persons v. Wilkes & McHugh, P.A., James L. Wilkes, II and Timothy C. McHugh, Case

No 2:06-cv-02833. As such, Plaintiffs were not identified as members of the proposed

settlement class (see, D.E. 328, Exhibit "A" to the Joint Motion for Preliminary Approval of

Proposed Class), were not involved in any of the 54 nursing home lawsuits that comprised the

settlement class and, thus, were not sent any class notice and had no right to make a claim to any

of the class settlement proceeds. As a result, Plaintiffs have brought this individual lawsuit.


Document Author: Frank Watson & William Burns Attys.
Firm/Company: Watson Burns PLLC
Document Date: May 18 2010
Search Tags: Wilkes McHugh fees TN
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