Verdicts and Settlements

Gilbert Russell McWherter Scott Bobbitt PLC provides compassionate, experienced representation for people across Tennessee in the areas of workers rights, insurance claims and mediation. Our attorneys are respected for their expertise in their fields and their dedication to their clients. With offices in Memphis, Jackson, Nashville and Chattanooga, Gilbert Russell McWherter Scott Bobbitt can represent clients across the state.

If you believe you have a case, contact Gilbert Russell McWherter Scott Bobbitt today.

Insurance Claims

To respect the privacy of our clients, and in compliance with all binding agreements, the pseudonyms “John Doe,” “ABC Insurance Company” and “XYZ Insurance Agent” have been used in lieu of real names.

2016

$750,000 – Confidential Church v. Southern Mutual Church Insurance Company

Confidential Church v. Southern Mutual Church Insurance Company. Represented a West TN church which obtained an appraisal award of more than $350,000 after a hail and wind loss. After making a partial payment, the insurance company refused to honor the remainder of the appraisal award. The Firm sued the insurance company on behalf of the Church, ultimately resulting in an additional payment of $750,000.

$200,000+ – Phillips v. Southern Trust Insurance Company

Phillips v. Southern Trust Insurance Company. Represented an East TN property owner whose claim for fire damage to a rental house was denied. Obtained judgment for policyholder and held on appeal, resulting in full payment, plus interest, of more than $200,000.

$1,600,000+ – ABC Condo Association v. QBE Ins. Co. (CAU)

ABC Condo Association v. QBE Ins. Co. (CAU). Represented condominium association in claim for hail and wind damage after the insurance company initially valued the damage to the property at approximately $150,000. The claim ultimately was resolved at a total value of $1,785,000, an increase of more than $1.6 million.

$550,000 – Confidential Condominium Association v. QBE Ins. Co. (CAU)

Confidential Condominium Association v. QBE Ins. Co. (CAU). In another case involving QBE Insurance Company and Community Association Underwriters, the Firm represented a Kentucky condominium association and assisted the client negotiate an additional payment of $550,000 for hail and wind losses.

$140,000 – Confidential Church v. GuideOne Mutual Ins. Co.

Confidential Church v. GuideOne Mutual Ins. Co. Represented a Middle TN church after its claim for damage to its roof was denied. The claim was resolved without the filing of a lawsuit for $140,000.

$250,000 – Confidential Client v. State Farm

Confidential Client v. State Farm. The Firm represented a Memphis homeowner after a theft loss, resulting in full payment of her claim of more than $250,000.

2015

$750,000+ – John Doe v. CAU Insurance

John Doe v. CAU Insurance. Represented a Condominium HOA and assisted in recovering more than $750,000 after damage to the community’s roofs.

$650,000+ – John Doe v. ABC Insurance Company

John Doe v. ABC Insurance Company. Represented a West TN couple obtain a settlement for more than policy limits after a fire damaged their home, totaling more than $650,000.

$400,000+ – John Doe v. State Auto

John Doe v. State Auto. Assisted a commercial property owner obtain payments of over $400,000 after the insurer initially denied the claim.

$400,000+ – John Doe v. Lexington Ins. Co.

John Doe v. Lexington Ins. Co. Represented a Middle TN homeowner after a fire loss and assisted in obtaining him a recovery of over $400,000.

$300,000+ – John Doe v. ABC Insurance Company

John Doe v. ABC Insurance Company. Settlement of house fire claim for more than $300,000 after the insurance company denied the client’s claim.

$300,000+ – John Doe v. ABC Insurance Company

John Doe v. ABC Insurance Company. Assisted a West TN commercial property owner increase the payments from its insurance company from less than $10,000 to more than $300,000.

$250,000+ – John Doe v. ABC Insurance Company

John Doe v. ABC Insurance Company. In a dispute about the cause of damage to a commercial roof, the firm assisted a client obtain more than $250,000 after the insurance company initially denied the claim.

2014

$2.2+ Million – John Doe v. ABC Insurance Company

John Doe v. ABC Insurance Company. Assisted an East TN homeowner settle an insurance dispute for more than $2.2 million.

$1.2+ Million – John Doe v. ABC Insurance Company

John Doe v. ABC Insurance Company. Represented a commercial property owner after the insurance company denied its hail damage claim, ultimately resulting in a settlement of over $1.2 million.

$330,000+ – John Doe v. American Modern Ins. Co.

John Doe v. American Modern Ins. Co. Assisted a Memphis homeowner settle an insurance dispute after a house fire, resulting in payments of policy limits of more than $330,000.

$3.9+ Million – Industrial Facility v. AXIS Surplus Ins.

Industrial Facility v. AXIS Surplus Ins. (2014). The Firm represented a West TN business owner after a fire loss, and after a lengthy battle obtained a total settlement of more than $3.9 million for loss of business income and extra expense.

2013-2014

$3.9+ Million – Industrial Facility v. AXIS Surplus Ins. (2014).

Industrial Facility v. AXIS Surplus Ins. (2014). The Firm represented a West TN business owner after a fire loss, and after a lengthy battle obtained a total settlement of more than $3.9 million for loss of business income and extra expense.

Multi-Million dollar results – Numerous condominium claims against QBE Ins. Co. (2013 and 2014)

Numerous condominium claims against QBE Ins. Co. (2013 and 2014). In the past year, the Firm has handled multiple claims against QBE Ins. Co. and Community Association Underwriters involving windstorm losses to condominium complexes. Below is a sampling of the results thus far:

Ins. Co.’s Offer Final Settlement Percentage Increase
$5,483 $175,483 3,191%
$51,369 $226,369.49 340%
$42,231 $292,529 592%
$484,997 $644,997 32%
$742,913 $1,339,999 80%

 

$1.7+ Million – Condo Complex v. Middlesex Ins. Co. (2013)

In this case, the Firm assisted a condominium complex defend an appraisal award after three fire losses, and ultimately obtained the client a settlement for a supplemental payment of more than $1.7 million.

$2.2 Million – Banks v. Cincinnati Ins. Co. (E.D. Tenn. 2013)

Banks v. Cincinnati Ins. Co. (E.D. Tenn. 2013). In a case in which the insurance company alleged fraud and arson, the jury awarded the Firm’s clients more than $2.2 million.

$3.3+ Million – Alexander Properties Group v. Commonwealth Ins. Co. (2013)

Alexander Properties Group v. Commonwealth Ins. Co. (2013). After a four-day arbitration trial involving a windstorm loss to two apartment complexes, the arbitrator awarded the Firm’s client more than $3,000,000. The insurance company had previously denied the claim and refused payment.

2012

$185,000+ – John Doe v. State Farm Insurance Company

John Doe v. State Farm Insurance Company. Brandon McWherter represented a West Tennessee couple after their house was destroyed by fire. The claim was ultimately resolved for policy limits exceeding $185,000.

$492,000 – John Doe v. ABC Insurance Company and XYZ Insurance Agent

John Doe v. ABC Insurance Company and XYZ Insurance Agent. The Gilbert Firm obtained a $492,000 supplemental payment for a Middle Tennessee business in a lawsuit resulting from damage to the insured’s property during the May 2010 flood.

$310,000+ – John Doe v. ABC Insurance Company

John Doe v. ABC Insurance Company. The Gilbert Firm successfully represented a Middle Tennessee business and obtained a supplemental insurance payment of more than $310,000 in a lawsuit resulting from damage to the insured’s business property during the May 2010 flood.

$70,000+ – John Doe v. ABC Insurance Company and XYZ Insurance Agent

John Doe v. ABC Insurance Company and XYZ Insurance Agent. The Gilbert Firm successfully represented a Nashville couple and obtained a settlement of more than $70,000 in a case resulting from damage to the couple’s residence during the May 2010 flood.

$550,000+ – John Doe v. USAA Insurance

John Doe v. USAA Insurance. Brandon McWherter represented an East Tennessee residential policyholder and obtained a supplemental insurance payment of more than $550,000 after a residential house fire in a dispute concerning the valued policy statute.

$600,000 – John Doe v. ABC Insurance Company     

John Doe v. ABC Insurance Company. Brandon McWherter represented an individual with an umbrella insurance policy in a coverage dispute and through litigation and subsequent settlement obtained insurance coverage of $600,000 and avoided all personal liability.

$215,000+ – John Doe v. Nationwide Insurance Company                 

John Doe v. Nationwide Insurance Company. Brandon McWherter represented a West Tennessee policyholder and obtained a full policy limit payment of more than $215,000 after a residential house fire.

$155,000+ – John Doe v. Nationwide Insurance Company

John Doe v. Nationwide Insurance Company. The Gilbert Firm represented a Memphis homeowner after her home was destroyed by fire, and obtained a policy limit payment of more than $155,000.

$70,000+ – John Doe v. ABC Insurance Company

John Doe v. ABC Insurance Company. A Middle Tennessee business owner hired the Gilbert Firm to pursue a claim against an insurance company after his company’s claim was denied. The case settled for more than $70,000.

$275,000 – John Doe v. ABC Insurance Company

John Doe v. ABC Insurance Company. Brandon McWherter represented a Memphis homeowner which obtained a $275,000 settlement with his insurance company after his homeowners insurance claim was denied after a house fire.

Older Cases

$1.5 Million – John Doe v. John Doe Defendant (W.D. Tenn)

John Doe v. John Doe Defendant (W.D. Tenn). Brandon McWherter and Clint Scott served as counsel in a civil rights case against a governmental entity and its employee.  The case settled for $1,500,000.00.

$235,000 – John Doe v. ABC Insurance Company (United States District Court for the Middle District of Tennessee)

John Doe v. ABC Insurance Company (United States District Court for the Middle District of Tennessee).  Gilbert Russell McWherter PLC successfully represented its client and obtained a $235,000 settlement in a lawsuit over a property damage claim resulting from water damage to a hotel.

$475,000+ – John Doe v. ABC Insurance Company (Benton County Chancery Court)

John Doe v. ABC Insurance Company (Benton County Chancery Court). Gilbert Russell McWherter PLC successfully represented a small business in a lawsuit against a surplus lines insurance company after the insurance company denied a claim made by the business for property damage caused by fire.  The case settled for more than $475,000.

$180,000 – John Doe v. ABC Insurance Company (Madison County Chancery Court)

John Doe v. ABC Insurance Company (Madison County Chancery Court). Gilbert Russell McWherter PLC obtained an $180,000.00 settlement in a case against an insurance company and its agent.

$190,000 – John Doe v. ABC Insurance Company

John Doe v. ABC Insurance Company. Gilbert Russell McWherter PLC obtained a $190,000 settlement in a case in which the insureds alleged that the agent negligently underinsured their home.

$75,000+ – John Doe v. ABC Insurance Company

Adams v. Tennessee Farmers Mutual Insurance Company (Chester County Circuit Court). Gilbert Russell McWherter PLC obtained a policy limit judgment in excess of $75,000 against Tennessee Farmers Mutual Insurance Company after the insurance company denied Mr. Adams’ fire loss claim.  The insurance company appealed the judgment, and the Tennessee Court of Appeals affirmed.

$700,000 – John Doe v. ABC Insurance Company (Madison County Circuit Court)

John Doe v. ABC Insurance Company (Madison County Circuit Court). Brandon McWherter represented a local business in a commercial dispute against an out-of-state corporation.  The case settled for $700,000.

$750,000 – John Doe v. ABC Insurance Company (Madison County Circuit Court)

John Doe v. ABC Insurance Company (Madison County Circuit Court). Brandon McWherter represented a local business which obtained a $750,000.00 settlement in a case against an insurance company and its adjuster.

$800,000+ – John Doe v. ABC Insurance Company (Madison County Chancery Court)

John Doe v. ABC Insurance Company (Madison County Chancery Court). Gilbert Russell McWherter PLC represented a couple in a case against an insurance company after the insurance company denied their claim for insurance proceeds after commercial property was damaged by a tornado. The case settled for more than $800,000.

$950,000+ – John Doe v. (Certain Underwriters) at Lloyds (United States District Court for the Middle District of Tennessee)

John Doe v. (Certain Underwriters) at Lloyds (United States District Court for the Middle District of Tennessee). Gilbert Russell McWherter PLC represented the owners of a restaurant damaged by a fire.  The insurance carrier denied their claim.  The case settled for more than $950,000.

$130,000+ – John Doe v. ABC Insurance Company

John Doe v. ABC Insurance Company. Gilbert Russell McWherter PLC obtained payment of full policy limits (in excess of $130,000) for a West Tennessee homeowner whose fire claim was disputed by his insurance company.

$130,000 – John Doe v. Allstate Insurance Company

John Doe v. Allstate Insurance Company. Gilbert Russell McWherter PLC represented a Nashville couple whose home was damaged by fire.  The lawsuit alleged that Allstate wrongfully failed to pay all amounts due under their insurance policy.  The case settled for $130,000.

$100,000 – John Doe v. ABC Insurance Company

John Doe v. ABC Insurance Company. Gilbert Russell McWherter PLC obtained a settlement of approximately $100,000 in a case in which the insurance carrier denied the insureds’ claim.

$200,000 – John Doe v. John Doe Defendants

John Doe v. John Doe Defendants. Gilbert Russell McWherter PLC obtained a settlement of $200,000 in a case involving a negligent home inspection.

$100,000 – John Doe v. Zurich Insurance Company

John Doe v. Zurich Insurance Company. Gilbert Russell McWherter PLC obtained a $100,000 settlement in a case against an insurance company resulting from a fire loss to a local business.

$130,000+ – John Doe v. State Auto Insurance Company

John Doe v. State Auto Insurance Company. Gilbert Russell McWherter PLC obtained a settlement in excess of $130,000 in an insurance claim after a residential house fire.

$60,000 – Liberty Mutual Fire Ins. Co. v. John Doe (Shelby County Chancery Court)

Liberty Mutual Fire Ins. Co. v. John Doe (Shelby County Chancery Court). Gilbert Russell McWherter PLC successfully represented its client and was granted summary judgment in a case in which an insurance company wrongfully denied a homeowner’s insurance claim.  The case later settled for $60,000.

$60,000 – John Doe v. ABC Insurance Company (Madison County Chancery Court)

John Doe v. ABC Insurance Company (Madison County Chancery Court). Gilbert Russell McWherter PLC represented a property owner in a case against an insurance company after it had delayed in paying damage resulting from a tornado.  The case later settled for $60,000.00.

$359,531 – John Doe v. John Doe Defendant (Madison County Chancery)

John Doe v. John Doe Defendant (Madison County Chancery). Brandon McWherter represented a homeowner in a claim against his contractor, and obtained a judgment against the contractor in the amount of $359,531, plus attorney’s fees and expenses.  The case later settled for a confidential amount.

Employment Law

1,263 Hours of Unpaid Overtime

James Nance v. Crockett County (W.D. Tenn. 2016)(federal jury awarded former county official 1,263 hours of unpaid overtime under the Fair Labor Standards Act).

$1.15 Million

Jonathan Bobbitt represented an individual in a claim for breach of an Employment Agreement which resulted in a recovery of $1,150,000.00 for our client.

$850,000

Jonathan Bobbitt represented an individual in a case involving racial harassment and discrimination which resulted in a recovery of $850,000.00 for our client.

$300,000

Jonathan Bobbitt represented an individual in a claim of promissory estoppel/detrimental reliance which resulted in a recovery of $300,000.00 for our client.

2012-2013

In 2013, Justin Gilbert established comparator standards for Tennessee discrimination cases in Pierce v. City of Humboldt, __ S.W.3d __, 2013 Tenn. App. Lexis 200 (Tn. Ct. App. 2013).  At the federal level, in a published opinion, Mr. Gilbert established how to prove illegal motives in ADA and section 504 retaliation cases. A.C. v. Shelby County Bd. Of Educ, __ F.3d __, 2013 U.S. App. Lexis 6426 (6th Cir. 2013).

 

$30,326.48

Clint Scott with Gilbert Russell McWherter PLC obtained a judgment for a client against his former employer for violation of the Fair Labor Standards Act. The Court awarded the client $13,188.24 in back pay, $13,188.24 in liquidated damages, and $3,950 in attorney’s fees and expenses.

$195,000

Settled Sexual Harassment, Age Discrimination, Retaliation, and FLSA claim for $195,000.00.

$70,000

Settled Claim for Retaliation for Reporting Sexual Harassment for $70,000.00.

$125,000

Settled Religious Discrimination claim for $125,000.00

$19,000

Settled FMLA claim for $19,000.00.

$37,500

Settled Retaliatory discharge case for $37,500.00.

$42,379.90+ – Sue Barnes v Tennessee Personal Assistance, Inc., No. 10-1260 (W.D.Tenn. 2012)

Sue Barnes v Tennessee Personal Assistance, Inc., No. 10-1260 (W.D.Tenn. 2012). Obtained a trial verdict in the amount of $42,379.90, plus attorneys’ fees, in a single plaintiff FLSA case where the employee had been misclassified under the executive exemption.

Older Cases

$145,000+ – Tammy Madden v. Bull Market (Chester Co. Circuit 2011)

Tammy Madden v. Bull Market (Chester Co. Circuit 2011). Obtained a jury verdict of $145,000.00 plus attorneys’ fees in a sexual harassment and retaliation case.

$500,000 – Boyd v. Dish Network (American Arbitration Association 2011)

Boyd v. Dish Network (American Arbitration Association 2011). $500,000.00 class wide settlement where employer had incorrectly implemented the fluctuating workweek.

$780,000 – In re: Bellman (E.D.N.Y. 2011)

In re: Bellman (E.D.N.Y. 2011). $780,000.00 settlement on behalf of employees who were not paid overtime by a staffing agency.

$200,000+ – Baker v. Windsor Republic Doors, 2011 U.S. App. Lexis 4810 (6th Cir. 2011)

Baker v. Windsor Republic Doors, 2011 U.S. App. Lexis 4810 (6th Cir. 2011). GRM’s retaliation verdict for disability discrimination, including full back pay, compensatory damages, reinstatement and over $200,000 in attorneys’ fees was affirmed by Sixth Circuit Court of Appeals.

$800,000 – Baker v. Windsor Republic Doors, 2011 U.S. App. Lexis 4810 (6th Cir. 2011)

John Doe vs. Anonymous Employer, (W.D.Tenn. 2009). $800,000.00 class wide settlement on behalf of assistant managers at a retail chain where the employer had incorrectly implemented the fluctuating workweek.

Consumer Protection

$11.8+ Million – FACTA – Verizon (W.D. Penn. 2011

FACTA – Verizon (W.D. Penn. 2011). Gilbert Russell McWherter served as class counsel in this nationwide class action brought pursuant to the Fair and Accurate Credit Transactions Act.  This case was settled.  However, with the passing of the Clarification Act, the Defendant attempted to void the settlement.  Counsel was successful in enforcing the terms of the settlement in the United States Court of Appeals for the Third Circuit.  Based on the settlement, the class of 1,697,552 persons received either a phone card/electronic pin number with a value of $5.00 or a 15% discount with a value of up to $7.00, with a total maximum value of $11,882,864.00.

$2.325 Million – FACTA – Memphis-Shelby County Airport Authority (W.D. Tenn. 2011)

FACTA – Memphis-Shelby County Airport Authority (W.D. Tenn. 2011). Gilbert Russell McWherter served as class counsel in this nationwide class action brought pursuant to the Fair and Accurate Credit Transactions Act.  This case was settled and the settlement was approved by the Court.  The settlement provided a maximum settlement fund of $2,325,000 to be paid out in parking vouchers for future parking.

$36,500 – EFTA – Resource Federal Credit Union (W.D. Tenn. 2011)

EFTA – Resource Federal Credit Union (W.D. Tenn. 2011). Gilbert Russell McWherter brought this class action pursuant to the Electronic Funds Transfer Act alleging Defendant’s failure to post physical notice of ATM fees.  The settlement of this case has been preliminarily approved with a Final Fairness Hearing set for November of 2011.  The settlement provides for the establishment of a settlement fund in the amount of $36,500.00.

$125,000 – EFTA – SunTrust Bank (M.D. Tenn. 2010)

EFTA – SunTrust Bank (M.D. Tenn. 2010). Gilbert Russell McWherter brought this class action pursuant to the Electronic Funds Transfer Act alleging Defendant’s failure to post physical notice of ATM fees.  The case was ultimately resolved by settlement, which was approved by the Court, providing a Settlement Fund of $125,000.00.

$54,000 – EFTA – First Citizens Bank and Trust Co. (M.D. Tenn. 2010)

EFTA – First Citizens Bank and Trust Co. (M.D. Tenn. 2010). Gilbert Russell McWherter brought this class action pursuant to the Electronic Funds Transfer Act alleging Defendant’s failure to post physical notice of ATM fees.  The case was ultimately resolved by settlement, which was approved by the Court, providing a Settlement Fund of $54,000.00.

$80,000 – EFTA – Wal-Mart (W.D. Tenn. 2010)

EFTA – Wal-Mart (W.D. Tenn. 2010). Gilbert Russell McWherter brought this class action pursuant to the Electronic Funds Transfer Act alleging Defendant’s failure to post physical notice of ATM fees.  The case was ultimately resolved by settlement, which was approved by the Court, providing a Settlement Fund of $80,000.00.

$5.025 Million – FACTA – Retail Concepts (M.D. Tenn. 2008)

FACTA – Retail Concepts (M.D. Tenn. 2008). Gilbert Russell McWherter served as class counsel in this nationwide class action brought pursuant to the Fair and Accurate Credit Transactions Act.   The Class received coupons for a $15.00 discount on the customer’s next purchase of $125.00 or more with a maximum of 335,000 coupons to be distributed or a maximum settlement value of $5,025,000.00.

$3 Million – FACTA – Abuelo’s (W.D. Tenn. 2008)

FACTA – Abuelo’s (W.D. Tenn. 2008). Gilbert Russell McWherter served as class counsel in this nationwide class action brought pursuant to the Fair and Accurate Credit Transactions Act.  This case was settled with the class receiving $5.00 vouchers to be credited against the future purchase of any food or beverage with a potential value to the class in excess of $3,000,000.00.

Public Advocacy

Writing as an amicus curiae for the Tennessee Employment Lawyers Association, GRM attorney Justin Gilbert advocated the removing McDonnell Douglas as the proper summary judgment standard which the Tennessee Supreme Court adopted in Gossett v. Tractor Supply Co., 320 S.W.3d 777 (Tenn. 2010);

Writing as an amicus curiae for the Tennessee Employment Lawyers Association, GRM attorney Justin Gilbert wrote and orally argued the proper pleading standards on a Rule 12 motion (Twombley or Conley) before the Tennessee Supreme Court; the court adopted the position of amicus and rejected the Twombley standard. Webb v. Nashville Area Habitat for Humanity, Inc., 346 S.W.3d 422 (Tenn. 2011).

As amicus curiae, in 2011, GRM attorneys wrote about the standard for summary judgment in federal court when addressing state law claims – pending before the Sixth Circuit Court of Appeals.

Throughout 2010-2011, GRM attorneys have made CLE presentations concerning FLSA collective actions, updates in employment law, and pleading standards in employment law cases.

In June 2011, GRM attorneys published “Gossett, White, and Staub – the Dilemma of Multiple Motivations in Employment Law Cases, (June 2011, Tennessee Bar Journal).

Education Law

To respect the privacy of our clients, pseudonyms may be used in place of real names.

2016

$240,000+ – Confidential Client v. ABC Board of Ed

Confidential Client v. ABC Board of Ed. Represented a student who was restrained by a special education teacher and special education aide, who used martial arts techniques on the student. We obtained a $240,000+ on behalf of our client.