Current Employment Position(s)

Partner

Year Joined Organization: 1978

Lawyer Overview

Martindale-Hubbell® AV Peer Review Rated

     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 served on the Board of Directors for three years.

The International Society of Barristers

     Mr. Ellis' 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 is one of only nine lawyers in the State of Tennessee who were currently elected to this society.

Civil Trial Specialist

     Mr. Ellis is certified as a Civil Trial Specialist by the Tennessee Commission on Continuing Legal Education and Specialization and by the National Board of Trial Advocacy.  A Civil Trial Specialist must (a) have a demonstrated level of experience in trying civil cases; (b) pass a written examination that covers certain aspects of civil law, evidence, and eithics; (c) receive positive recommendations from judges and attorneys that he or she has tried cases against; (d) have a good disciplinary history.  The attorney applied for civil trial certification with the National Board of Trial Advocacy, a division of the National Board of Legal Specialty Certification. 

     If a Tennessee attorney is certified by this group, the attorney must then apply to the Tennessee Commission on Continuing Legal Education and Specialization Commission for certification in Tennessee.  The Tennessee Commission imposes additional requirements, including professional liability insurance and client recommendations.  Lawyers certified in civil trial practice must be re-certified every five years.  A lawyer who has attained board certification has demonstrated that they meet or exceed the requirements for certification.

     Mr. Ellis was named a 2008 - 2010 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. 

Nation's Restaurant News Annual Food Safety Symposium 

     Mr. Ellis was an invited lecturer at the 4 th Annual Food Safety Symposium  sponsored by Nation's Restaurant News and Ecolab.Mr. Ellis 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 $50 billion in annual sales.   As a direct result of lecturing before the Nation's Restaurant News 4th Annual Food Safety Symposium, Martin Ellis was hired as statewide counsel for Texas Roadhouse.  Texas Roadhouse has 12 restaurants in Tennessee and 276 nationally. Mr. Ellis was invited back to lecture at the 5th Annual Food Safety Symposium and his topic for this lecture was "The Best Laid Plans of Mice and Men - Foodborne Illness".

CEU Institute Seminar

     Martin L. Ellis and Steven B. Johnson were selected to speak at a CEU Institute Seminar on October 12, 2011.  The topic of the presentation was Ethical Claim Negotiations.  The presentation was made before members of the insurance companies, litigation and risk managers and claims professionals.  A copy of the presentation can be obtained by contacting Mr. Ellis.

Results:

     Martin L. Ellis has tried and successfully defended 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 were demanding over five million dollars in damages.

     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 Teledyne will be dismissed.  The court commends the parties for the excellent briefs they presented to the court on this motion for summary judgment."  Hon. 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 the 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

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

Representative Clients

• Texas Roadhouse
• Atlantic Mutual Insurance Company
• Burlington Insurance Company
• Carlisle Companies Incorporated
• D.T.S. Truck Division
• Gainey Transportation Services
• Liberty Mutual Insurance Company
• Nobel Insurance Company
• One Beacon Insurance Company
• RPM International Inc.
• Star Transport, Inc.
• Super Service, Inc.
• Currently representing a grower in California in litigation versus Taco Bell

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, Asbestos Mesothelioma, Construction, Environmental, Housing & Construction Defects, Insurance, Insurance Defense, Motor Vehicle Defects, Personal Injury -- Defense, Products Liability, Sexual Harassment, Toxic Mold, Transportation, Workers' Compensation

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)
• Trucking Industry Defense Association (Member)

Honors and Awards

• AV Peer Review Rating, Martindale-Hubbell
• Fellow, International Society of Barristers
• Civil Trial Advocate, National Board of Trial Advocacy
• Mediator, Tennessee Supreme Court Rule 31
• 2009 Top Attorney List, Product Liability, Knoxville City View Magazine
• 2006, 2007, 2008, 2009 and 2010 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
• 5th Annual Food Safety Symposium; Topic: The Best Laid Plans of Mice and Men - Foodborne Illness, Nation's Restaurant News & Ecolab, September 19, 2010 - September 21, 2010
• Lecturer, Medical Malpractice Issue, Knoxville Medical Association
• Sexual Harassment Seminar - Plaintiff and Defense, Knoxville Bar Association, 1995
• Sexual Harassment Seminar, Knoxville Paralegal Association, 1996
• Ethical Claim Negotiations Seminar, CEU Institute, October 12, 2011 - Present

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

Accepts Credit Cards

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) 244-3918 (Direct)

Faxes

(865) 244-1218 (Private)

Emails

Contact Us

Websites

http://www.bvblaw.com