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News & Publications
AUGUST 2, 2010
CLIFTON N. MILLER and JOHN R. LaBAR - MEMBER DERIVATIVE SUIT FILED IN COFFEE COUNTY, TENNESSEE AGAINST COFFEE MEDICAL GROUP, LLC d/b/a UNITED REGIONAL MEDICAL CENTER AND ITS FORMER CEO (Lisa Veteto and The Fairmont Group, LLC v. Coffee Medical Group, LLC d/b/a United Regional Medical Center, et. al., Case No. 10-282, Chancery Court of Coffee County, Tennessee).
MEMBER DERIVATIVE ACTION FILED AGAINST COFFEE MEDICAL GROUP, LLC
Henry & McCord attorneys, Clifton N. Miller and John R. LaBar, have filed a member derivate lawsuit on behalf of members of Coffee Medical Group, LLC d/b/a United Regional Medical Center ("URMC" or the "Company") in the Chancery Court of Coffee County, Tennessee. The lawsuit is also filed on behalf of the nominal defendant URMC and against URMC's former CEO, Robert George. URMC is in the business of operating an acute-care, full-service community hospital and nursing home. The action alleges breaches of fiduciary duty, mismanagement of corporate assets and seeks judicial intervention to prevent further harm to the members. The action is captioned Lisa Veteto and The Fairmont Group, LLC v. Coffee Medical Group, LLC d/b/a United Regional Medical Center and Robert George and has case number 10-282.
As detailed in the complaint, URMC has repeatedly failed to provide the Plaintiffs required corporate documents of the Company. In addition, according to the complaint, Defendant, Robert George, breached his fiduciary duties to the Company by failing to exercise the care an ordinarily prudent person in a like position would exercise under similar circumstances and by taking actions which were not in a manner that Defendant George, in his position as CEO of the Company, believed to be in the best interests of URMC. Defendant George's, intentional violation and/or reckless disregard of his standard of conduct as an officer, his breaches of his fiduciary duties of care, loyalty, accountability and disclosure to members has harmed the Plaintiffs and the Company for which they are entitled to recover damages from Defendant George.
The Plaintiffs request in the Complaint that a corporate audit of URMC be conducted, that Defendant George be made to account for any wrongful acts and his breaches of his fiduciary duty to the Company, and for judicial intervention in order to ensure the safekeeping, collection, management and disposition of the Company's property, to achieve the substantial ends of justice and to prevent further harm to the Company.
This press release is intended as a broad summary of the 16-page complaint, which is available from the Court and can be viewed below.
"George and URMC sued by Investors", The Saturday Independent. www.tsinews.com 03 August 2010.
"URMC embroiled in 2 lawsuits over formcer CEO", The Tullahoma News. 03 August 2010.
"URMC sued by former CEO", Manchester Times. 04 August 2010
"Investors sue Hospital, former CEO", The Saturday Independent. 09 August 2010.
JULY 2010
CLIFTON N. MILLER - Client Alert on some of the issues involved in a materialmen's lien taking priority over a previously filed mortgage pursuant to T.C.A. § 66-11-108.
This Client Alert addresses some of the issues related to a materialmen's lien and the priority of such lien over a prior mortgageholder. Specifically, this Client Alert addresses some of the issues involved in a materialmen's lien taking priority over a previously filed mortgage pursuant to T.C.A. § 66-11-108.
CLIENT ALERT Download PDF
APRIL 30, 2010
Henry & McCord has been voted Tullahoma’s Finest Attorney’s for 2010. We would like to thank all of our clients for their vote. As our firm celebrate’s its 60th Anniversary, we remain committed to the principles of “Service, Tradition and Experience” established by our founders.
Tullahoma’s Finest 2010 Article. Download PDF
APRIL 4, 2010
John R. LaBar quoted in "HIRE Act can assist employers" article in The Sunday News.
Henry & McCord attorney, John R. LaBar, is quoted by The Sunday News on the job benefits of the new HIRE Act.
"HIRE Act can assist employers", The Sunday News, April 4, 2010.
MARCH 18, 2010
JOHN R. LaBAR – Client Alert on the Hiring Incentives to Restore Employment (HIRE) Act – New tax benefits to qualified employers.
This Client Alert addresses the Hiring Incentives to Restore Employment (HIRE) Act enacted on March 18, 2010, and some of the tax benefits it provides to qualified employers. Download PDF
JANUARY 2010
JAMES H. HENRY/JOHN R. LaBAR – Client Alert on Temporary Repeal of Federal Estate Tax and Generation Skipping Tax.
This Client Alert addresses some of the issues and tax implications with respect to the temporary repeal of the Federal Estate Tax and Generation Skipping Tax. Download PDF
DECEMBER 2009
John LaBar – Special session for small business owners from Tullahoma and the surrounding communities; along with a continental breakfast. Download PDF
NOVEMBER 2009
JOHN R. LaBAR – John R. LaBar has been named a faculty member for an upcoming all day CLE program entitled Fundamentals of Employment Law in Tennessee.
On January 28, 2010, John R. LaBar will serve as a Faculty Member for an all–day CLE program in Chattanooga, Tennessee for Sterling Legal Services, Inc. entitled Fundamentals of Employment Law in Tennessee. John will present an hour long program on "Immigration Compliance Issues for Employers". This topic will detail recent developments in immigration law, I-9 compliance issues, SSN "No-Match" issues and the state of the law, as well as the requirements and details of the E-Verify program. Download Seminar Brochure
NOVEMBER 2009
JOHN R. LaBAR – John R. LaBar has been named an Adjunct Professor of Law at the University of Tennessee College of Law for Spring 2010.
John will act as a Professor of Law with respect to teaching a class on Contract Drafting. Contract Drafting is a seminar in which students learn the basic principles of drafting contracts, leases and other agreements, and put these principles into action by drafting and redrafting contracts, both in and out of class.
SEPTEMBER 2009
JAMES H. HENRY/JOHN R. LaBAR – Client Alert on Family–Owned Non–Corporate Entity (FONCE) issues. Changes in Tennessee law involving FONCE's going into effect October 1, 2009 will require owners of such entities to review the possible tax implications of the new law.
This Client Alert addresses some of the issues and tax implications with respect to the changes in Tennessee tax law involving Family-Owned Non-Corporate Entities (FONCE's). Downloard PDF
AUGUST 2009
JAMES H. HENRY/JOHN R. LaBAR – Client Alert on Medicaid/Nursing Home issues
This Client Alert addresses some of the issues involved in transferring assets, typically from a parent to one or more children, in the hope that the parent will be eligible for Medicaid assistance for nursing home care. This Client Alert discusses some of the consequences relating to such transfers, which should be considered by persons desiring to make such transfers. Download PDF
JUNE 2009
JOHN R. LaBAR – RE-ELECTED TO THE TENNESSEE BAR ASSOCIATION HOUSE OF DELEGATES.
John R. LaBar has been re-elected to serve another 4 year term as a Tennessee Bar Association House of Delegates Member for the 14th Judicial District.
OCTOBER 2008
JOHN R. LaBAR RECENTLY PARTICIPATED AS A FACULTY MEMBER FOR AN ALL DAY CLE PROGRAM ENTITLED EMPLOYMENT LAW UPDATE IN TENNESSEE.
On October 15, 2008, John R. LaBar served as a Faculty Member for an all-day CLE program in Chattanooga, Tennessee for Sterling Legal Services, Inc. entitled Employment Law Update in Tennessee. John presented hour long programs on “Stay Out of Jail: Immigration Compliance Issues for Employers” and “Developments in FMLA Compliance and the Overlap of ADA, FMLA and WC when Dealing with Absences of Ill, Injured and Disabled Employees.”
MARCH 2007
LOCAL WORKER ENDURES LONG LEGAL BATTLE TO GET BENEFITS
On March 8, 2007, the Tennessee Supreme Court issued the final opinion in a long and difficult legal battle endured by Gary W. Rogers of Winchester, Franklin County, Tennessee. MORE
Mr. Rogers was a faithful employee of the Winchester Utility District for over 25 years. On June 13, 2000, Mr. Rogers came in contact with a chemical or microbe that almost took his life. He was subsequently hospitalized at Harton Hospital for 14 days. Mr. Rogers was ultimately diagnosed with adult onset Stills disease, which is a permanent condition with no apparent cure. Mr. Rogers' medical treatment for this disease has been lengthy and difficult over the past 6 to 7 years.
On May 29, 2001, Mr. Rogers filed a complaint against his employer, Winchester Utilities and Tennessee Municipal League Risk Management Pool, in the Chancery Court of Franklin County, TN seeking workers compensation benefits for his work related sickness. Winchester Utility District denied that Mr. Rogers disease was work related and refused to pay Mr. Rogers any benefits. Mr. Rogers is represented by Clifton N. Miller with the law firm of Henry, McCord, Bean, Miller, Gabriel, Carter & LaBar, PLLC in Tullahoma, TN.
A ruling and judgment was issued by Chancellor Stewart in April, 2005. The Chancellor determined that Mr. Rogers' disease was a work related injury and that Mr. Rogers was permanent and totally disabled. Mr. Rogers was awarded back pay, medical expenses and future disability benefits totaling in excess of $350,000.00.
Winchester Utilities appealed the Chancellor's ruling to the Tennessee Supreme Court, Workers Compensation Panel. The Court issued an opinion on January 3, 2007 upholding the decision of the Trial Court. Winchester Utilities appealed the lower court's decision to the full panel of the Tennessee Supreme Court. This Court issued and opinion on March 8, 2007 upholding the decision of the Trial Court and the lower appellate court.
Read Full Opinions:
- Transcript of Trial Court Opinion
- Opinion of Tennessee Supreme Court, Workers Compensation Panel
- Opinion of Tennessee Supreme Court, Full Panel
JANUARY 2007
JOHN R. LaBAR ELECTED PRESIDENT PARTNERS FOR HEALING, INC.
John R. LaBar has been elected as President of Partners for Healing, Inc. Partners for Healing, Inc. is a not-for-profit, 501(c)(3), charitable organization with the sole mission of providing health care and support for individuals who live or work in Coffee and Moore counties, Tennessee.
Patient families must live or work in Coffee or Moore County, Tennessee, and have family incomes less than twice the designated federal poverty level. A core of 60 lay and 52 medical volunteers support the few part-time paid personnel and make the organization viable. The annual financial budget is approximately $130,000, while the value of volunteer services and donated supplies and medications approaches $1,000,000. The clinic operated by Partners for Healing supports about 140 patients per month and solicits free medical services from volunteer specialty physicians for many others. Partners for Healing receives the majority of its operating funds from individuals, churches, civic clubs, businesses and grants. This program is unique for rural areas and small towns, and is being copied by three other counties in Middle Tennessee. For additional information, contact Partners for Healing at 931-455-5014, or visit the clinic at 109 West Blackwell Street in Tullahoma.
AUGUST 2006
VICTIMS FILE SUIT OVER ROAD RAGE INCIDENT ON INTERSTATE
Greg McAnally has filed suit in the Circuit Court of Marion County, Tennessee against Alex Aberlardo Sarmiento Fider and his wife, Mercedes Fider regarding a "ROAD RAGE" incident. On Sunday, August 20, 2006, Greg McAnally was taking his son and a friend of his son to the Monteagle Flea Market when the incident occurred.
While traveling on Interstate 24 on Monteagle Mountain, McAnally tried to pass a Dodge Caravan on the interstate but the vehicle would not let him pass. When McAnally finally did get around the van, McAnally said that the driver, Mercedes Fider, ran up on his bumper. As McAnally attempted to exit the interstate at the Monteagle exit, the two young boys started screaming about a man with a gun in the Dodge Caravan behind the McAnally vehicle. McAnally looked and saw the Fider vehicle in his rear view mirror and then hear three gun shots. Mr. McAnally's son screamed "they're shooting at us".
The McAnally family live in Tullahoma, Coffee County, Tennessee. They are represented by Clifton N. Miller with the law firm of Henry, McCord, Bean, Miller, Gabriel, Carter & LaBar, P.L.L.C. in Tullahoma, Tennessee.
Alex Fider, who fired the gun into the McAnally vehicle, is a doctor at the VA Hospital in Murfreesboro, Rutherford County, Tennessee. Mr. Fider is married to Mercedes Fider who was operating the vehicle at the time of this incident.
Alex Fider has been indicted by the grand jury in Marion County, TN and charged with three counts of attempted second degree murder, three counts of aggravated assault with a deadly weapon and one count of vandalism. Mercedes Fider was also indicted and charged with one count of facilitation of a felony, one count of accessory after the fact, one count of wreckless driving and one count of filing a false report with police officers.
McAnally has filed suit in the Circuit Court of Marion County, Tennessee seeking compensatory in the amount of $200,000.00 and punitive damages in the amount of $2,000,000.00 from Alex Fider and his wife, Mercedes Fider, related to this incident of road rage.
Read the following documents related to this case:
- Complaint filed in the Circuit Court of Marion County, TN
- Grand Jury Indictments for Alex Fider
- Grand Jury Indictments for Mercedes Fider