If you need an attorney who will passionately and diligently advocate for your rights, Bill Burns is the expert you should choose. With a proven track record of fighting for clients, he is dedicated to achieving the best outcomes and ensuring your interests are fiercely represented.
Here are just a few of Mr. Burns’ past “Notable Cases,” successes:
Class Action Involving Over 2,500 ERISA 401(k)
$19 Million Cash Settlement
Farm Industrial and Supply Co. v. First Mercantile Trust et al., Case No. 02-cv-2649-M/A (W.D. Tenn. Dec. 3, 2003)
This class action involved allegations that over 2,500 ERISA 401(k) plans had been charged significant, undisclosed management fees by First Mercantile Trust (FMT), a fund-to-fund manager of qualified employee investment plans. FMT retained Williams & Connelly, P.A. of Washington, D.C., and mounted an aggressive and contentious defense. However, FMT ultimately agreed to a $19 million cash settlement on behalf of a nationwide class.
Class Action Defective Product
$23 Million Settlement
Babb v. Wilsonart International, Inc., Case No. CT-02-01818-Div. 4 (Circuit Court of Tennessee, 30th Judicial District for Shelby County Tennessee at Memphis, 2004)
This class action involved a kitchen countertop known as “solid surface veneer” (SSV) designed, manufactured, and distributed by Wilsonart International. SSV consisted of a plastic-like polymer material that had the look and feel of granite but was sold at a fraction of the price. Our pre-suit investigation revealed that Wilsonart employees had conducted pre-market testing and discovered that SSV was defective and unsuitable as a kitchen countertop. To avoid liability, Wilsonart improperly blamed SSV’s problems on independent kitchen cabinet installers, claiming poor installation was the cause of the cracking and warping. After significant discovery and litigation, we achieved a $23 million settlement on behalf of a nationwide class.
Federal Express Corp Lawsuit
$21 Million Settlement
Manjunath A. Gokare, P.C. et al. v. Federal Express Corp., Case No. 2:11-cv-02131-JTF-cgc (W.D. Tenn. 2011)
Every day, Federal Express makes deliveries to both commercial and residential addresses nationwide. When the address is a business, FedEx has one charge; when it is a residence, FedEx is entitled to add a $3.50 surcharge, claiming residences present more difficult deliveries. Our clients, a group of law firms frequently sending packages to U.S. governmental agencies, noticed they were routinely charged the residential surcharge despite their deliveries never going to home addresses. Formal complaints to FedEx were dismissed with no refund or credit. Our firm and our Atlanta co-counsel investigated and found that FedEx routinely overcharged for deliveries to commercial addresses. The discovery process involved over 100,000 electronically stored documents and millions of courier transactions. Our diligence paid off when we discovered numerous emails in which FedEx’s employees were highly critical of the surcharging. We negotiated a $21 million settlement on behalf of a nationwide class, including an agreement by FedEx to change how it determines the applicability of its residential surcharge.
Swift Transportation Lawsuit
$17 Million in Unpaid Student Loans and Provide up to $650 to each Class Member
Ham et al. v. Swift Transportation Co., Inc., Case No. 2:09-cv-02145-JTF (W.D. Tenn. 2012)
This class action was brought by truck drivers who lost money attending a student trucking driving academy conducted by Swift Transportation Co., Inc., the largest trucking operation in the United States. Swift contested both the factual and class allegations, insisting it had done nothing wrong and claiming immunity from suit, an argument that would have left 9,500 trucking students with no remedy. We tracked down CDL testers formerly employed by Swift who testified they intentionally cut corners by eliminating state-required CDL testing procedures due to an overwhelming number of students. They confirmed that Swift’s upper management knew and approved of this corner-cutting. Following extensive post-certification discovery, we secured a multi-million-dollar settlement, with Swift agreeing to write off $17 million in unpaid student loans and provide up to $650 to each class member for certain damages supported in the claims process.
Liability Lawsuit
$1.7 Million Settlement
Samply v. Frasure & AZ Construction Co., Docket No. 07C-732 (Circuit Court – Milan, TN 2005)
In this tragic case, we represented the wife and daughter of a man killed in a head-on collision on his way to work. The defendant, driving a company vehicle, crossed the center line and killed our client instantly. Heartbreakingly, our client’s Bible was found on the front seat next to him, and he was found clutching a rosary and crucifix wrapped around his right palm. His wife testified that it was his habit to say his prayers on the way to work. However, the defendant refused to take a blood alcohol test after the accident, and the highway patrol officer responding to the scene was unaware he could force the defendant to submit to a test due to the fatality involved. Despite these challenges, we never proved the defendant was impaired but always suspected it. The defendants denied liability and argued the driver was not working for the company at the time of the accident. After we empaneled a jury, the case settled on the first day of trial following emotional testimony from the victim’s wife. The case was settled for $1.7 million, and despite defendants’ insistence on confidentiality, our clients demanded the case be publicized.
Legal Malpractice Lawsuit
Case Settled Confidentially
Ardemore Corporation f/k/a New Day Pharmacy Corporation v. Harwell, Howard, Hyne Gabbert & Manner, P.C., Docket No. 12C-627 (Circuit Court of Davidson County, Tennessee, 2011)
In this legal malpractice case, we represented an institutional pharmacy company against a prominent Nashville health care law firm known as H3GM. H3GM incorporated New Day as a legal entity and served as its outside general counsel, assisting in raising capital, creating offering circulars, and providing guidance on lawfully soliciting private investors. However, H3GM failed to advise the company against allowing physicians to invest due to potential violations of the Stark Act, a federal anti-self-referral statute. This omission surfaced during the due diligence phase of a private placement round of financing. New Day lost the opportunity to secure a $5.5 million investment and was forced into bankruptcy. H3GM denied liability and aggressively defended the case. After two years of hard-fought litigation, the case settled confidentially.
Mobile Health Care Lawsuit
Secured a Large Settlement for the Family
James Moore, Jr. et al. v. Emergency Mobile Health Care, LLC, Docket No. CT-005003-09 (Circuit Court-Shelby County, Tennessee 2009)
We represented the four surviving children of an 87-year-old female nursing home patient, Isabella Moore, who was severely ill and suffering from end-stage renal failure and Alzheimer’s disease. Her kidney failure required bi-weekly ambulance transport for dialysis. During her last transport, the ambulance driver ran a red light and flipped the van, causing Ms. Moore to break her neck. She survived for two days in great pain before passing away. We sued the ambulance company for negligence, and despite the overwhelming evidence, they denied liability. Discovery revealed the ambulance driver had lost his license, and there was strong evidence the on-board camera had been intentionally disabled. This greatly aided our case, and we ultimately secured a large settlement for the family, although the amount was kept confidential.
First Tennessee Bank, N.A. and Farmers Bank and Trust
Reduced Fees
The Estate of Willard R. Sparks v. First Tennessee Bank, N.A. and Farmers Bank and Trust, Case No. C-11423 (Probate Court, Shelby Co., Tenn. 2005)
We represented the estate of a wealthy Memphian against two banks’ claims in probate court that the estate should pay approximately $23 million in loan guarantees executed by the decedent. Following discovery, we established that the banks had failed to timely file their claim in probate. Consequently, the banks agreed to release all loan guaranties in exchange for an $8.3 million payment from the estate. We represented the estate on a reverse contingency fee basis in this case.