Current Employment Position(s)

Partner

Year Joined Organization: 1978

Lawyer Overview

Senior Partner born in Columbus, MS. Martin Ellis attended the University of the South, Sewanee, TN (B.S. 1973) where he was elected as President of the Order of Gownsmen, the University's highest elected student position. Before attending the University of Tennessee College of Law, Martin Ellis spent ten months on Kibbutz Sdot Yam, Israel , where he taught English to recent Russian immigrants. He received his law degree from the University of Tennessee College of Law in 1978. He is the proud father of one son and two daughters. He is an active volunteer with such community organizations as St. Joseph Catholic Church, Habitat for Humanity, Interfaith Hospitality Network, Knoxville Area Rescue Ministries and Big Brothers Big Sisters where he is currently serving on the Board of Directors.  Mr. Ellis has been invited to be a member of the Trucking Industry Defense Association (TIDA). TIDA and its members are devoted to sharing knowledge and resources in defense of the trucking industry. Founded in 1993, TIDA has become the organization of choice for over 1,200 motor carriers, trucking insurers, defense lawyers and claims servicing companies. TIDA is committed to reducing the costs of claims and lawsuits against the trucking industry.

His experience abilities as a trial lawyer were recognized by his election to the International Society of Barristers (Fellow). The International Society of Barristers is an honor society of outstanding trial lawyers chosen by their peers on the basis of excellence and integrity in advocacy. Created in 1965, the Society arose out of a desire to bring together the best of the trial bar in a setting devoid of partisan interests. With limited membership, the Society has Fellows from every state, the District of Columbia, Puerto Rico, the Virgin Islands, Australia, Canada, England, Scotland and Mexico .

Mr. Ellis was named a 2008 - 2009 Mid-South Super Lawyer. Being named a Super Lawyer is a great honor as only 5% of attorneys in Arkansas, Mississippi and Tennessee are chosen. The selection process, which is merit based, involves peer nominations with ballots mailed to 23,000 Arkansas, Mississippi and Tennessee lawyers, a blue-ribbon panel review and independent research on candidates. (www.superlawyers.com).

Mr. Ellis and James C. Wright were invited lecturers at the 4 ^th Annual Food Safety Symposium sponsored by Nation's Restaurant News and Ecolab. Mr. Ellis and Mr. Wright lectured on the topic of "Foodborne Illness-Prevention & Crisis Management" (see related article in Restaurant News discussing the H1N1 virus). Fifty corporate representatives were present representing in excess of $10 billion in annual sales.

Results:

Martin L. Ellis has tried and successfully defendant asbestos personal injury cases in 7 states.  Those cases have included asbestosis, lung cancer and mesothelioma claims.  The plaintiffs' attorneys in each of the cases involved asked for over five million dollars in damages for each case.

Mr. Ellis successfully defended Teledyne Economic Development Company in a wrongful death claim.  Plaintiff claimed a student was brutally murdered by three other students.  Plaintiff's complaint alleged that Teledyne's recruiter negligently misrepresented the conditions of the local facility.  Defendant's Motion for Summary Judgment was filed.  Trial court found "that the plaintiff has failed to come forward with sufficient evidence to create a genuine issue of material fact as to the existence of a duty on the part of Teledyne, a breach of that duty even if one existed, or that anything that Teledyne did or did not do was the proximate cause of the murder.  Therefore, the court finds that defendant Teledyne's motion for summary judgment will be granted and the complaint against Teledyen will be dismissed.  The court commends the parties for the excellent briefs they presented to the court on this motion for summary judgment."  Leon Jordan, United States District Judge.

Mr. Ellis successfully defended a product liability case wherein a railroad tanker car had split in half and allegedly caused exposure to carbon disulfide.  After a three day bench trial, the Court ruled in favor of our client Akzo Nobel.

Mr. Ellis successfully mediated a wrongful death case on behalf of a tractor trailer company.  The defendant fully expected the case to settle for approximately $3.5 million.  Through the meticulous efforts of Martin L. Ellis, the case was successfully settled for $1.8 million.

Mr. Ellis successfully argued a motion for summary judgment in a wrongful termination case.  The plaintiff appealed to the Court of Appeals.  The Court of Appeals opinion affirmed the trial court's granting of the motion for summary judgment filed on behalf of the defendant.  The client indicated that in his opinion case did not necessitate a trial but that in his experience "the ability to consistently achieve efficient, positive results, whether through motion practice, settlement or is a sure sign that the attorney is a true trial lawyer and a genuine professional".

Mr. Ellis had the opportunity to represent three Irish students who were involved in a motor vehicle accident in Sevier County, Tennessee.  After depositions were taken in Ireland, the case was successfully mediated.

Verdicts or settlements discussed herein are not intended to create an unjustified expectation about results the lawyer or law firm can achieve or imply that the firm can achieve similar results in future litigation.

Representative Trials include:

• Advery v. Celotex, USDC, Knoxville, TN - 10 day trial;
• Akzo v. GATX, USDC, Knoxville, TN - 5 day trial;
• Amos V. Celotex, USDC, Greensboro, NC - 10 day trial;
• Anderson v. Celotex, USDC, Columbia, SC - 8 day trial;
• Arnold v. Celotex, USDC, Knoxville, TN> - 5 day trial;
• Berlin v. Celotex, USDC, Nashville, TN - 9 day trial;
• Boiter v. Celotex, USDC, Columbia, SC - 9 day trial;
• Burns v. Schuller International, Inc., Knox Circuit, Knoxville, TN - 2 day trial;
• Ellis/Mitchell v. American Water Heater, Loudon Circuit, Loudon, TN - 10 day trial;
• Hudson v. MS Carriers, USDC, Greeneville, TN - 7 day trial;
• McCloud v. Celotex, USDC, Columbia, SC - 12 day trial;
• McCurry v. Container Corp. of America, Knox Circuit, Knoxville, TN - 2 day trial;
• McFall v. Eagle Distributing Co., Knox Circuit, Knoxville, TN - 3 day trial;
• Sharp v. Anderson County, Anderson Circuit, Clinton, TN - 2 day trial;
• Shealey v. Celotex, USDC, Columbia, SC - 9 day trial;
• Stricklin v. Waterbury Companies, Inc., Hardin Circuit, Savannah, TN - 9 day trial.

Other Associations and Memberships:

Board of Directors, Big Brothers Big Sisters of East Tennessee

Member of the Parish Council, St. Joseph Catholic Church, Norris, TN

Hobbies:

• Tennis
• Wake boarding
• Horseback riding
• Skeet shooting
• Long distance swimming

Areas of Practice

• Asbestos Litigation
• Food Borne Illness
• Product Liability
• Toxic Tort
• Complex Litigation
• Dispute Resolution
• Personal Injury
• Medical Malpractice
• Bad Faith Litigation
• Automobile Negligence
• Mold Litigation
• Medical Device Litigation

Representative Clients

• AC& S
• Atlantic Mutual Insurance Company
• Burlington Insurance Company
• Carlisle Companies Incorporated
• Celotex Corporation
• D.T.S. Truck Division
• Gainey Transportation Services
• Liberty Mutual Insurance Company
• Nobel Insurance Company
• One Beacon Insurance Company
• RPM International Inc.
• Raybestos Manhattan
• Rockwool Manufacturing Company
• Star Transport, Inc.
• Super Service, Inc.

Representative Cases

• Burns v. Schuller International, Inc., 1995 WL 405087 (Tenn. App. 1995)
• Courtemanche v. Rivard, 1996 WL 605145 (Tenn. App. 1996)
• McCurry v. Container Corporation of America, 982 S.W. 2d 841 (Tenn. 1998)
• Scott v. Calia, 1997 WL 367234 (Tenn. App. 1997)
• Sharp v. Anderson County, 1996 WL 42237 (Tenn. App. 1996)
• Simmons v. Sears, Roebuck & Co., 713 S.W.2d 640 (Tenn. 1986)

West Practice Categories

Alternative Dispute Resolution, Mediation, Police Misconduct, Sexual Harassment, Construction Law, Housing & Construction Defects, Sexual Harassment -- Employee, Environmental Law, Insurance Defense, Insurance Law, Bad Faith, Complex Litigation, Federal Trial Practice, State Appellate Practice, State Trial Practice, Personal Injury -- Defense, Animal Bites -- Defense, Aviation Accidents -- Defense, Defamation & Privacy -- Defense, Motor Vehicle Accidents -- Defense, Premises Liability -- Defense, Property Damage -- Defense, Railroad Accidents -- Defense, Slip and Fall -- Defense, Wrongful Death -- Defense, Products Liability Law, Asbestos, Chemicals & Cosmetics, Food & Agricultural Products, Machinery & Tools, Medical Products & Devices, Motor Vehicle Defects, Recreational Products, Medical Malpractice, Toxic Mold, Transportation Law, Trucking, Workers' Compensation Law, Workers' Compensation Defense

Bar Admissions

• Tennessee, 1978
• U.S. Federal Courts, 1978
• U.S. Court of Federal Claims, 2002
• U.S. Court of Appeals 6th Circuit
• U.S. Supreme Court, 2003

Certification/Specialties

• Civil Trial Specialist, Commission on Continuing Legal Education and Specialization, Tennessee
• Civil Trial Advocate, National Board of Trial Advocacy
• Mediator, Tennessee Supreme Court Rule 31

Professional Associations and Memberships

• Knoxville Bar Association (Member)
• Tennessee Bar Association, General Practice Section (Member)
• Tennessee Bar Association, Tort and Insurance Practice Section (Member)
• Attorney & Counselor of the Supreme Court of the United States (Member)
• Defense Research Institute (Member)
• American Bar Association (Member)
• Trucking Industry Defense Association (Member)

Honors and Awards

• Fellow, International Society of Barristers
• Civil Trial Advocate, National Board of Trial Advocacy
• Mediator, Tennessee Supreme Court Rule 31
• 2008 - 2009 Mid-South Super Lawyer

Classes and Seminars

• 4th Annual Food Safety Symposium; Topic: Foodborne Illness-Prevention & Crisis Management, Nation's Restaurant News & Ecolab, September 13, 2009 - September 15, 2009
• Lecturer, Medical Malpractice Issue, Knoxville Medical Association
• Sexual Harassment Seminar - Plaintiff and Defense, Knoxville Bar Association, 1995
• Sexual Harassment Seminar, Knoxville Paralegal Association, 1996

Education

• University of Tennessee College of Law, Knoxville, Tennessee, 1978
  J.D.
• University of the South, Sewanee, Tennessee, 1973
  B.S.

Fraternities/Sororities

• Omicron Delta Kappa
• Beta Theta Pi

References

• K-25 Federal Credit Union
• First American National Bank

Address

2701 Kingston Pike
Knoxville, TN 37919-4619

Office Hours

8:30 a.m. to 5:30 p.m., Monday-Thursday, 8:30 a.m. to 5:00 p.m. on Friday

Phones

(865) 637-3531
(800) 697-3531 (Toll Free)

Faxes

(865) 637-3385

Emails

mellis@bvblaw.com

Websites

http://www.bvblaw.com