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David E. Long

Member

+ David E Long 4432 0408 p

900 S. Gay Street Riverview Tower – Suite 1800 Knoxville Tennessee 37902

david.long@leitnerfirm.com

865-342-4907 (direct)
865-934-4907 (direct fax)

865-523-0404 (local)
865-673-0260 (fax)
800-421-0979 (toll free)
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Areas of Practice

Construction
General Liability
Product Liability
Transportation Law
Insurance Coverage & Defense
Labor & Employment
Premises Liability
Workers' Compensation

STATE BAR ADMISSIONS

Tennessee

Education

University of Tennessee, B.A., 1989 (summa cum laude)

Harvard Law School. J.D., 1992 (cum laude)

Honors and Awards

Valedictorian, College of Liberal Arts, University of Tennessee (1989);

Phi Sigma Alpha;

Phi Kappa Phi;

Phi Eta Sigma;

Golden Key Honor Society;

Roddy Upperclass Scholarship;

Elliot Scholarship;

Arnett Elliot Undergraduate Award;

Ruth Stephens Award;

Highest Honors Dean's List Every Semester;

Chancellor's Citation, Extraordinary Academic Achievement (1989),

Outstanding College Students of America 1987 and 1989;

Board of Directors, Harvard Defenders;

National Register's Who's Who in Executives and Professionals (2001-2002)

Covington Who's Who (Lifetime Honoree)

David Long's practice focuses in employment law, all aspects of personal injury (including premises liability, automobile and trucking defense), products liability defense, construction law, as well as workers' compensation defense.

Born in Knoxville, Tennessee, Mr. Long returned to practice in his hometown after graduating from Harvard Law School with honors.

Representative Client Work

Represented nationally-based company in a wrongful death case alleging millions of dollars involving number of plaintiffs and claims regarding agency law; obtained summary judgment in case for client (2014)

Represented nationally-based company in lawsuits involving personal injuries and high dollar property damages amounts due to fire; obtained low settlements due to motion practice and spoliation issue from opponents (2014);

Represents regionally-based retail and gas operations involving slip and falls and premises liabilities in a number of cases that have been conlcuded successfully (2014)

Represented railroad and company vendor on chemical inhalation case; obtained dismissal of high dollar case based on precedent-setting ruling in federal district court pursuant to TN savings statute and Erie doctrine (2014)

Represented manufacturers in cases involving adulterated food products and obtained summary judgments (2013)

Represented golf course in nusiance action arising from flooding and obtained summary judgment (2013)

Represented company in high value personal injury case arising from a vehicle accident with a pedestrian; trial defense verdict in 2009

Represented company in first impression escalator case in USA regarding common carrier liability; obtained summary judgment in federal court; won issue on appeal in 6th Circuit

Defended multimillion dollar construction/mold case with key defendant and obtained a favorable low settlement.

Represented the key defendant in a large construction case involving an MSE wall collapse into an apartment complex and was able to resolve issue for minimum settlement after successfully utilizing contract documents to prove huge subrogation amounts could not be litigated successfully.

Represented multiple products liability cases for defendants in state and federal court

Represented major retail outlets successfully in slip & fall cases obtaining a number of summary judgments and other successful outcomes.

Represented defendants in motor vehicle and trucking accident cases, successfully winning  a number of defense verdicts in trial.

Represented employers in Title VII, retaliatory discharge, ERISA, FMLA, ADA and FLSA cases with successful outcomes through mediation as well as winning several key summary judgment issues.

Provided continuing seminars and training to HR professionals in the area of employment law

Court Admissions

Tennessee; US District Court of Eastern, Middle and Western Tennessee; US Court of Appeals, Sixth Circuit

Professional Affiliations

American Bar Association

Tennessee Bar Association

Knoxville Bar Association

Defense Research Institute (Construction & Employment Committees)

DICTA (monthly publication of Knoxville Bar Association; Editorial Board)

The Best Defense (LWDN quarterly employment law publication; Editor-in-Chief)

Harvard Alumni Association

SHRM (Society of HR Management)

Tennessee Defense Lawyers Association

Community Involvement

Mr. Long volunteers for special education events and issues; plays music and is a volunteer musician for charitable events.

Publications and Lectures

Editor in Chief of  "The Best Defense", an employment & labor publication: January 2007; May 2007; October 2007; February 2008; May 2008; September 2008; November 2008.

Representative Articles:
"Electronic Discovery: What You Don't Know Will Hurt You," The Best Defense (May 2007)

"Employee Free Choice Act: The Proposal to Change the National Labor Relations Act," The Best Defense (May 2007)

"Liberty, Equality and The Employee Free Choice Act," The Best Defense (May 2007)

"Red-Flagging the FMLA and ADA Issues in Worker's Compensation Cases," The Best Defense (Nov. 2007)

"The Family and Medical Leave Act Catches Up With Uncle Sam: Amendments Designed For Military Families Pursuant to the National Defense Act Authorization Act For Fiscal Year 2008, Section 585," The Best Defense (Feb. 2008)

"Congress Moves to Expand the Scope of The Americans With Disabilities Act," The Best Defense (Sept. 2008)

"Editor's Corner," The Best Defense (2007-2008)

"Mythbusters: Late-filed Exhibits," DICTA: A Monthly Publication of the Knoxville Bar Association (Feb. 2009)

LWDN Quick Flash Newsletters:

Court of Appeals affirms Order Compelling Arbitration of Employment Dispute under the Tennessee Uniform Arbitration Act
New Privacy Law Protecting Employee Online Activities
Tennessee Civil Justice Act
Tennessee Employment Legislation Update
Tennessee Supreme Court Makes It Harder for Employers to Obtain Pre-Trial Dismissals...
The New FMLA?

"Legal Myth Breakers- A Story to Tell: Twombley and the Procedural/Substantive Boundary Between Tenn. R. Civ. P. 8.01 and 12.02" DICTA: A Monthly Publication of the Knoxville Bar Association (2009)

"Legal Myth Breakers- Twombley and the Tenn. R. Civ P. 8;01 and 12.02 Plausibility Standard" DICTA: A Monthly Publication of the Knoxville Bar Association (2009)

"Legal Myth Breakers- Strict Proof is Demanded?" DICTA: A Monthly Publication of the Knoxville Bar Association (2009)

"Legal Myth Breakers- I Just Wanna Be An Ole Country Lawyer" DICTA: A Monthly Publication of the Knoxville Bar Association (2010)

"Legal Myth Breakers- Can You Swear in the Witness?" DICTA: A Monthly Publication of the Knoxville Bar Association (2011)

"Legal Myth Breakers- Feeding The Bear is OK if You Play it Safe" DICTA: A Monthly Publication of the Knoxville Bar Association (2011)

"Legal Myth Breakers- [Tennessee Civil Justice Act of 2011] Subsection (j) and Vicarious Liability" DICTA: A Monthly Publication of the Knoxville Bar Association (2011)

"Legal Myth Breakers- The Country's Going to Hades" DICTA: A Monthly Publication of the Knoxville Bar Association (2012)

"Legal Myth Breakers- Landing on Park Place" DICTA: A Monthly Publication of the Knoxville Bar Association (2012)

"Legal Myth Breakers- Yes, Virginia, There is a Protected Future Medicare Interest in Liability Settlements" DICTA: A Monthly Publication of the Knoxville Bar Association (2012)

"Legal Myth Breakers- The First Thing We Do, Let's Kill All the Lawyers" DICTA: A Monthly Publication of the Knoxville Bar Association (2013)

"Legal Myth Breakers- This Schoolyard Ain't Big Enough For the Both of Us" DICTA: A Monthly Publication of the Knoxville Bar Association (2013)

"Legal Myth Breakers- Beware the Mercy of the Court" DICTA: A Monthly Publication of the Knoxville Bar Association (2013)

"Legal Myth Breakers- Tennessee's New Reassertion of Employment At-Will" DICTA: A Monthly Publication of the Knoxville Bar Association (2014)

"Legal Myth Breakers- What's Sauce For The Goose" DICTA: A Monthly Publication of the Knoxville Bar Association (2014)

"Legal Myth Breakers- H.R. 3999-Family and Medical Leave Enhancement Act of 2014" DICTA: A Monthly Publication of the Knoxville Bar Association (2014)

"Legal Myth Breakers- Hospital Liens-You Get What You Bargain For" DICTA: A Monthly Publication of the Knoxville Bar Association (2015)