In The News

Experienced Business Lawyer and Litigator Joins Bone McAllester Norton

W. Justin AdamsW. Justin AdamsNASHVILLE, TN –Bone McAllester Norton is pleased to announce the addition of W. Justin Adams. Justin Adams is an experienced business lawyer and litigator who represents companies and individuals in corporate, health care, and employment transactions and disputes, often in the role of outside general counsel. He also represents individuals in criminal and civil investigations.

As a business lawyer, Justin has served as outside general counsel to health care and other businesses, represented buyers and sellers in multi-million dollar health care transactions, and advised health care companies on Stark and Anti-Kickback issues. As a litigator, he has helped businesses and individuals win victories and negotiate favorable settlements in complex commercial, employment, and regulatory disputes as well as state and federal criminal cases and government investigations.

“Justin will be an enormous asset for our corporate, health care, employment, and dispute resolution groups,” said Chairman Charles W. Bone. “He has an impressive track record of advising businesses and individuals in a broad range of complex transactions and disputes.”

Justin holds a J.D. from Vanderbilt University Law School (2001, Order of the Coif) and a B.A. in English from Sewanee: The University of the South (1998, summa cum laude, Phi Beta Kappa). Before beginning legal practice, he clerked for the Honorable Andrew J. Kleinfeld of the United States Court of Appeals for the Ninth Circuit in Fairbanks, Alaska.

Before joining Bone McAllester Norton, Justin practiced thirteen years with Trauger & Tuke, where he began his career and focused on corporate, healthcare, and employment law as well as civil litigation and criminal defense.

David Anthony Weighs In on Lawmaker Burning Traffic Citations

David AnthonyDavid AnthonyBone McAllester Norton attorney, David Anthony, offers some sound advice for those considering burning traffic citations.

"I would advise a client not to listen to Representative Holt if the client received a ticket in the mail" says Anthony.  "It may not be likely for a municipality to sue someone for a $50 ticket, but it is certainly possible."

For the full article/video, please click here.

ABC Law Expert, Will Cheek, Weighs In on TABC's New Director

Yesterday at the TABC (Tennessee Alcoholic Beverage Commission) meeting, a new head of the agency, Clayton Byrd, was named.  Mr. Byrd replaces Ginna Winfree, who was the agency's attorney and had been serving as interim director since Keith Bell resigned in March of this year.

Will Cheek, Tennessee's alcoholic beverage law expert, said he is pleased with the decision.

William T. Cheek IIIWilliam T. Cheek III"Kudos to the ABC for selecting Director Byrd. He has industry experience, knows many of the key players and seems to be precisely what the ABC needs to best serve the alcoholic beverage industry, which is a key economic engine for Tennessee," Cheek stated.

Will Cheek leads the firm's Alcoholic Beverage Team and writes an informative and often entertaining blog, Last Call, covering alcohol and hospitality news and events.  He is nationally known as the go-to source for Tennessee Liquor Law.

A full article was written by Cari Wade Gervin for the Nashville Post.

Client, Kings Bowl at Cool Springs Galleria is Open and Leaving No Pin Standing

Are you a gutter ball guru or a clean sweep?  Spare me.

Kings Bowl in Franklin will be right up your alley.

This past weekend's, Tennessean Portfolio features an article about Bone McAllester Norton client, Kings Bowl.  Click here for the full article in The Tennessean.

Kings Bowl has recently opened in the Cool Springs Galleria Mall.  With 25,000 square feet of bowling, eating and live music, there is sure to be some kind of fun for everyone.  And to make certain that is true, the Kings national chain has an executive chef with a full-service kitchen, a craft beer room and a whiskey room - along with a few lanes for bowling.

Client, Jackalope Brewing Weighs In: Do's and Don'ts of Growlers

(Photo: Samuel M. Simpkins/ The Tennessean)(Photo: Samuel M. Simpkins/ The Tennessean)GRAB IT AND GROWLER:  YOU CAN TAKE IT WITH YOU

Client, Jackalope Brewing Company and other local breweries share some great growler do's and don'ts in today's The Tennessean.

A growler is simply the best way to take fresh beer home.  There are many filing stations all around town!  Many of our local craft brewers do not bottle, so this is the only way to take beer on the go.  To read this interesting article in The Tennessean, click here.



Don't Look Now, Nudie's Honky Tonk Is Opening On Lower Broadway

By Larry D. Moore, CC BY-SA 3.0, Larry D. Moore, CC BY-SA 3.0, Bone McAllester Norton client is planning a new honky-tonk on Lower Broadway - Nudie's Honky Tonk.  Let me explain. . .

This new live music/bar/restaurant takes its name from Nudie Cohn and will open this summer at 409 Broadway.

Nudie Cohn is the professional name for Nuta Kotlyarenko, the Ukrainian-born American tailor known for his decoratively designed rhinestone-covered suits - the "Nudie Suits".  He created these outlandish suits for the likes of Porter Wagoner, Elvis, Robert Redford, Hank Williams, George Jones, Ronald Reagan, etc.

So, Nudie's Honky Tonk will be a three-story, 12,000 square foot bar/club/restaurant featuring live music, several bars and a full kitchen offering Southern style comfort food.



Bone McAllester Norton Attorney Selected By Tennessee Bar Foundation

Anne C. MartinAnne C. MartinAnne C. Martin has recently been elected a Fellow of the Tennessee Bar Foundation, an association of 818 attorneys across the state. Invitations to membership, which is a position of honor, were extended to 30 attorneys this year by the Board of Trustees of the Tennessee Bar Foundation. This introduction of new Fellows took place in May at the annual Fellows’ Dinner in Nashville.

“Anne is one of the top rated employment litigation attorneys in Tennessee”, says Chairman Charles W. Bone. “Anne’s dedication and outstanding contributions to the legal profession make this a natural fit. She’ll be a passionate advocate for their public interest projects throughout Tennessee.” 

The Bar Foundation’s purpose is two-fold: to honor attorneys who have distinguished themselves in the profession and to administer a grant making program. That project, known by its acronym “IOLTA” (Interest On Lawyers’ Trust Accounts), has awarded grants in excess of $20 million to law-related, public interest projects across Tennessee. 

Martin is a Member in the firm of Bone McAllester Norton, PLLC and has been practicing law in Nashville for almost 25 years. She is a graduate of Smith College and Vanderbilt University Law School.

Fresh Market, BoneLaw Client, comes to West Nashville

The Fresh MarketThe Fresh MarketThe fourth Fresh Market in the Nashville area is opening on the west side of Nashville in the Lion's Head Village Shopping Center.  It will be taking the space that was previously the OfficeMax and is slated to open in the Spring of 2017.

For the entire article in The Tennessean, click here.


BoneLaw Attorneys win Tennessee Supreme Court Case

Legal Alert:  Tennessee Supreme Court Reverses Appeals Court Decision on Landfill Cleanup

Bone McAllester Norton attorneys Sharon O. Jacobs and C. David Briley for the appellee, ACC, LLC.


The Tennessee Supreme Court has reversed a Court of Appeals decision concerning the cleanup of a landfill that has been discharging pollutants into a Maury County lake.

From 1981 to 1993, ACC, LLC operated a landfill in Maury County, Tennessee, where it disposed of aluminum recycling wastes from a local aluminum smelting plant.  Within a few years of becoming operational, the landfill began to discharge chlorides and ammonia into water that drained into a local lake. This discharge was in violation of the Water Quality Control Act and the Tennessee Solid Waste Disposal Act.

Over several years, ACC worked with the Tennessee Department of Environment and Conservation (TDEC) in an attempt to remedy the problem.  After a number of efforts proved unsuccessful, ACC and TDEC agreed that the best solution would be to remove the waste causing the pollution from the landfill site.  In 2011, ACC and TDEC entered into an administrative consent order requiring ACC to divert water from entering the landfill and, over a four-year period, remove the landfill waste. The order was filed in the Davidson County Chancery Court for approval.

StarLink Logistics Inc., a neighboring landowner, intervened in the Chancery Court proceeding and objected to the terms of the order.  StarLink was concerned that the discharge of pollutants from the landfill site onto its property would continue during the removal of the waste. Because the parties could not reach an agreement, the Chancery Court remanded the matter to the Tennessee Solid Waste Disposal Control Board for a contested hearing.

On remand, ACC and TDEC negotiated a new order, which was presented to the Board for approval. After hearing testimony from a number of witnesses, the Board voted to approve the proposed order, agreeing that the best and most economically feasible option would be to remove the waste from the landfill site. The Court of Appeals reversed the Board’s decision, finding it to be arbitrary and capricious because it failed to fully consider the other options discussed at the hearing, such as having StarLink pay for pipes to divert the contaminated water.

In a unanimous opinion authored by Chief Justice Sharon G. Lee, the Supreme Court held that the Court of Appeals misapplied the appropriate standard for reviewing decisions of administrative agencies like the Tennessee Solid Waste Disposal Control Board. Under the Uniform Administrative Procedures Act, the decisions of the Board are to be afforded deference whenever it is acting within its area of specialized knowledge, experience, and expertise. As a result, Board decisions may only be overturned if the decision is shown to be in violation of constitutional or statutory provisions, in excess of the statutory authority of the agency, made upon unlawful procedure, arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion, or unsupported by substantial and material evidence.

In reversing the Court of Appeals, the Supreme Court held that the Board’s decision did not fit within any of these criteria and thus should have been affirmed. The Court disagreed that the Board’s decision was arbitrary, capricious, and a clear error in judgment, explaining that the Board gave fair consideration to the diversion option and rejected it as a viable solution.  According to the Supreme Court, the search for another solution by the Court of Appeals was improper. The case will now return to the intermediate appellate court to decide other issues previously left unsettled.

Read the opinion in StarLink Logistics Inc. v. ACC, LLC, et al. authored by Chief Justice Lee.

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Well this is exciting - BoneLaw client Whole Foods is coming to Downtown Nashville!

We all love Whole Foods!  Where else can you get bulk spices, unique organics or Italian Mountain Gorgonzola aged 92.3 days?   Each store is known for having standard groceries but also a high percentage of unique-to-your-area items, produce, etc. I love to take to tour of what I call, the 'Food Museum'; the place where foods are not shelved for purchase, but displayed for view.

You can imagine the excitement to know that we will be getting our very own Whole Foods in downtown Nashville!

According to The Nashville Business Journal, this full-service grocery store will soon call 1214 Broadway home.

1214 Broadway will be the home of the latest Endeavor Real Estate Group project, a proposed 27-story tower at the corner of 12th Avenue North and Broadway.

To read the full article in The Nashville Business Journal, click here.