Joe E. Manuel
***JOEMANUEL.COM

Practice Focus

ARBITRATION

Served as arbitrator in employment, construction, commercial, and personal injury cases. Member of employment, construction and commercial panels of the American Arbitration Association. Chairman of Arbitration Panel in construction case involving construction of hotel.

NASD "Public Arbitrator" for securities and employment issues.

ALTERNATIVE DISPUTE RESOLUTION CONSULTING

Consultant for the development of a Provider Dispute Resolution Plan by a health care insurer that utilizes mediation and arbitration. Author of Employee Dispute Resolution Plan for a restaurant franchisee to resolve employment related disputes utilizing arbitration in lieu of litigation.

ALTERNATIVE DISPUTE RESOLUTION CLE

ADR on-site training of law firms for Mediation Advocacy. Trainer with Private Dispute Resolution Services for Rule 31 Mediators and Mediation Advocates.

Advanced Mediation training for Administrative Law Judges of State of Tennessee.

AVIATION

Successfully defended flight instructor for alleged negligence in flight instruction of student pilot. Co-counsel in representation of severely injured passenger for injuries suffered in crash landing involving regulatory violations by A & P Mechanic and Pilot.

BOARD OF MEDICAL EXAMINERS

Successfully represented physician in Full Board Hearing before the Board of Medical Examiners regarding attempted revocation of license to practice medicine. Experience with impaired physicians and the Physicians Helping Physicians Program of Tennessee Medical Society.

COMMERCIAL LITIGATION

Represent a major health care insurer in litigation involving complex contracts.

CONDEMNATION

Representation of restaurant franchisee in series of condemnation cases involving issues of right to condemn, valuation, re-design to cure damage to remainder, and business losses. Successful negotiation at one site resulted in payment of sum in excess of $600,000.00 to client due to condemnation. Aggressive litigation forced Georgia DOT to withdraw condemnation petition at another site.

CONSTRUCTION

Representation of contractors and specialty contractors in variety of construction disputes.

ON- LINE Continuing Legal Education

Author of four (4) On Line CLE courses on Mediation Ethics: Tennessee Mediation Ethics; Lawyers in Mediation Ethics 101; Lawyers in Mediation Ethics 102;and Employment Arbitration. These courses are available from: www.lawyerslearn.com.

EMPLOYMENT

Representation of both employers and employees in various areas of Title VII; Age; ADA; discrimination in public accommodation; and retaliatory discharge issues. Serves as Arbitrator or Mediator in employment area.

HEALTHCARE

Representation of a major health care insurer regarding provider credentialing, contracts, and disputes with providers. This includes representation of the insurer in arbitration proceedings. ERISA issues also arise in this area of practice.

MEDICAL MALPRACTICE

Formerly represented major hospital in Chattanooga for defense of malpractice cases.

In current practice, represent plaintiffs in medical malpractice cases.

MEDIATION

Tennessee Supreme Court approved Rule 31 Neutral. Member of various American Arbitration Association panels. Member of U.S. District Courts Mediation Programs for Eastern & Middle Districts of Tennessee. Mediated cases ranging from employment matters to accounting malpractice to medical malpractice to construction disputes to commercial issues and a variety of personal injury matters.

PERSONAL INJURY

Representation of injured people in variety of areas ranging from car wrecks to workers compensation to medical malpractice or products liability.

PRODUCT LIABILITY

Regional counsel for large manufacturer in numerous cases involving allegations of strict liability and misrepresentation in context of commercial losses.

TENNCARE

Gained thorough understanding of TennCare issues from the representation of a Managed Care Organization who participated in the program. Frequently represented the MCO in administrative hearings and litigation regarding the scope and coverage of TennCare.


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