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2009 Publications
"Americans with Disabilities Act Amendments Act of 2008 and
Post-Secondary Education:" 2009 ADA Symposium Kansas City, MO.
"Supreme Court: Paralegal Fees Awarded at Market Rates"
Tennessee Bar Association: Section on Disability Law.
"Congress Resurrects the Americans with Disabilities Act"
Tennessee Association for Justice: Congressional Update.
Appellate casework: 4-0
Mr. Garrett has never lost a case on appeal. He is 4-0 in appeals for
his clients before Tennessee and federal courts of appeal.
Two of those appeals yielded published opinions finding for his
clients: TPA v. Wells, 371 F.3d 342 (6th Cir. 2004) and Wilson
County School System v. Clifton, 41 S.W.3d 645 (Tenn. App., March
16, 2000).
TPA v. Wells, 371 F.3d 342 (6th Cir. 2004)
The Sixth Circuit held in a published opinion that an investigative
agency did have legal authority to probe allegations from a disabled
adult ward about abuse and neglect suffered at the hands of his
Court-appointed guardian. The Sixth Circuit Court of Appeals
resolved a statutory construction question of first impression
nationwide. The guardian objected aggressively to the probe and
hired the largest law firm in the southeastern United States to
oppose the probe. The Sixth Circuit reversed an erroneous Order
of the United States District Court granting Summary Judgment
favoring the court-appointed guardian. The appellate court with
jurisdiction over twenty million citizens quoted directly and
extensively from those portions of appellate and trial court briefs
authored by Mr. Garrett.
Authorities relying on TPA v. Wells include the United States
Court of Appeals for the Seventh Circuit in a published opinion, six
United States District Courts, and over twenty secondary
authorities. Those authorities include multiple citations by
Sutherland on Statutes, The American Bar Association Mental and
Physical Disability Law Reporter, The Vanderbilt Law Review, and
Andrews Nursing Home Litigation Reporter.
Wilson County, Tennessee v. Clifton, 41 S.W. 3d 645 (Tenn. Court of
Appeals 2000)
Mr. Garrett assumed this case on appeal. The Tennessee Court of
Appeals found for Mr. Garrett's clients in an extraordinarily lenghthy
decision. This published decision addressed issues of first
impression. Subsequent authorities relying on Wilson County as
good law include Thomson West Publishing Company's American
Jurisprudence Proof of Facts 3rd Edition (2008); Americans with
Disabilities Act Practice and Compliance Manual (2009); Tennessee
Circuit Court Practice (2008), Tennessee Practice Series, Contract
Law and Practice and University of Georgia Law Review (2002).
In a third appellate case, the Tennessee Court of Appeals adopted
Mr. Garrett's amicus curiae brief and found in an issue of first
impression nationwide that an adult with Down syndrome has a
constitutional right to freedom of association and to privacy despite
such disability. The Court of Appeals struck down a trial court order
forcing a 24 year old adult son with Down syndrome to visit with his
own father.
In a fourth appellate case, Mr. Garrett secured a judgment costing
an opposing party $53,000 in cash. The opposing party rejected his
clients' initial offer of settlement of $700. Moreover, Mr. Garrett
originally entered an appearance on a successful Rule 60 Motion for
New Trial. His clients had lost at trial before retaining Mr. Garrett.
"Americans with Disabilities Act Amendments Act of 2008 and
Post-Secondary Education:" 2009 ADA Symposium Kansas City, MO.
"Supreme Court: Paralegal Fees Awarded at Market Rates"
Tennessee Bar Association: Section on Disability Law.
"Congress Resurrects the Americans with Disabilities Act"
Tennessee Association for Justice: Congressional Update.
Appellate casework: 4-0
Mr. Garrett has never lost a case on appeal. He is 4-0 in appeals for
his clients before Tennessee and federal courts of appeal.
Two of those appeals yielded published opinions finding for his
clients: TPA v. Wells, 371 F.3d 342 (6th Cir. 2004) and Wilson
County School System v. Clifton, 41 S.W.3d 645 (Tenn. App., March
16, 2000).
TPA v. Wells, 371 F.3d 342 (6th Cir. 2004)
The Sixth Circuit held in a published opinion that an investigative
agency did have legal authority to probe allegations from a disabled
adult ward about abuse and neglect suffered at the hands of his
Court-appointed guardian. The Sixth Circuit Court of Appeals
resolved a statutory construction question of first impression
nationwide. The guardian objected aggressively to the probe and
hired the largest law firm in the southeastern United States to
oppose the probe. The Sixth Circuit reversed an erroneous Order
of the United States District Court granting Summary Judgment
favoring the court-appointed guardian. The appellate court with
jurisdiction over twenty million citizens quoted directly and
extensively from those portions of appellate and trial court briefs
authored by Mr. Garrett.
Authorities relying on TPA v. Wells include the United States
Court of Appeals for the Seventh Circuit in a published opinion, six
United States District Courts, and over twenty secondary
authorities. Those authorities include multiple citations by
Sutherland on Statutes, The American Bar Association Mental and
Physical Disability Law Reporter, The Vanderbilt Law Review, and
Andrews Nursing Home Litigation Reporter.
Wilson County, Tennessee v. Clifton, 41 S.W. 3d 645 (Tenn. Court of
Appeals 2000)
Mr. Garrett assumed this case on appeal. The Tennessee Court of
Appeals found for Mr. Garrett's clients in an extraordinarily lenghthy
decision. This published decision addressed issues of first
impression. Subsequent authorities relying on Wilson County as
good law include Thomson West Publishing Company's American
Jurisprudence Proof of Facts 3rd Edition (2008); Americans with
Disabilities Act Practice and Compliance Manual (2009); Tennessee
Circuit Court Practice (2008), Tennessee Practice Series, Contract
Law and Practice and University of Georgia Law Review (2002).
In a third appellate case, the Tennessee Court of Appeals adopted
Mr. Garrett's amicus curiae brief and found in an issue of first
impression nationwide that an adult with Down syndrome has a
constitutional right to freedom of association and to privacy despite
such disability. The Court of Appeals struck down a trial court order
forcing a 24 year old adult son with Down syndrome to visit with his
own father.
In a fourth appellate case, Mr. Garrett secured a judgment costing
an opposing party $53,000 in cash. The opposing party rejected his
clients' initial offer of settlement of $700. Moreover, Mr. Garrett
originally entered an appearance on a successful Rule 60 Motion for
New Trial. His clients had lost at trial before retaining Mr. Garrett.