Michael B. Neal


Michael B. Neal
Member 

81 Monroe Ave - 6th floor
Memphis, TN 38103
Phone: (901) 624-0640
Fax: (901) 624-0650
This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Michael B. Neal's practice includes tort and insurance defense, products liability and construction defect litigation.  He has significant experience in insurance coverage disputes, including coverage for mass torts, nursing homes, intellectual property, mortgage holders, builders and contractors.  As a former Assistant United States Attorney and as an Assistant District Attorney for the State of Tennessee, he gained valuable trial experience in over a hundred complex civil and criminal trials which he has utilized and enhanced in complex litigation in both state and federal courts in a variety of cases ranging from personal injury cases to complex insurance coverage disputes.  He has been listed by the Tennessee Supreme Court as a Rule 31 General Civil Mediator since 1996.  He has acheived an AV Preeminent Peer Review Rating through Martindale-Hubbell.

Areas Of Practice:
Trials in State and Federal Court
Appeals in State and Federal Court
Products Liability Defense
Heavy Trucking Defense
Nursing Home Defense
Construction Defect Litigation
Personal Injury and Wrongful Death Litigation
Mass Tort Defense
Insurance Coverage Opinions and Litigation
Probate Estate and Trust Litigation
Federal Civil and Criminal Forfeitures
General Civil Mediation and Alternative Dispute Resolution

Bar Admissions:
Tennessee Supreme Court
Sixth Circuit Court of Appeals
U.S. District Court, Western District of Tennessee
U.S. District Court, Middle District of Tennessee
U.S. District Court, Eastern District of Tennessee

Education:
Memphis State University School of Law, Memphis, TN, 1974.  (Law Review (Case Comment Editor); Moot Court Champion Counsel, Moot Court Board) J.D.
Bachelor of Business Administration, Memphis State University, 1967. (Cum Laude)

Representative Cases:
Diane Mauriello v. Great American E & S Insurance co., No. 3:11-CV-432, (March 6, 2013). The U.S. District Court for the Eastern District of Tennessee at Knoxville granted summary judgment to Michael B. Neal's insurance company client absolving the company of liability for defense and indemnity arising from tort claims against an insured who had declared Bankruptcy after defending the claims for several years.
Chad Youth Enhancement Center, Inc v. Colony National Insurance Co. 474 Fed.Appx. 429, 2012 WL 1059404 (Sixth Circuit Ct. of Appeals, 2012)  Judgement affirmed for insurance company client after appeal of a Declaratory Judgement involving a claim by an insured that there was coverage for punitive damages under a second level excess policy with "follow form" provisions and allegedly inconsistent provisions for punitive damages in the primary and first level excess policies.
Certain Underwriters at Lloyds, London v. Winestone, 182 S.W.3d 342 (Tenn. Appeals 2005).  Summary Judgment granted to mortgage company's insurer where a mortgage loan was assigned to a buyer but force placed insurance coverage on the mortgaged property was allegedly not cancelled.
Obert v. The Pyramid, 381 F. Supp.2d 723 (W.D. Tenn. 2005).  Personal injury case involving handicapped access to a public arena and issues of governmental tort liability and negligence per se.
Shoemake v. Omniquip International, Inc., 152 S.W.3d 567, Prod. Liab. Rep. (CCH) P 16, 857 (Tenn. Appeals, 2003).  Summary Judgment appropriate for manufacturer in wrongful death case where plaintiff did not establish defect in rough terrain forklift.
Royal Surplus Lines Ins. Co. v. Sofamor Danek Group, Inc., 303 F. Supp.2d 897 (W.D. Tenn. 2003); Royal Surplus Lines v. Sofamor Danek Group, 190 F.R.D. 505 (W.D. Tenn. 1999); Royal Surplus Lines v. Sofamor Danek Group, 190 F.R.D. 463, (W.D. Tenn. 1999).  Three separate opinions involving products liability coverage for the Pedicle Screw litigation, dealing with attorney client privilege and other issues related to alleged misrepresentation inducing issuance of a policy of insurance.
Planters Gin Co. v. Federal Compress & Warehouse Co., Inc., 78 S.W.3d 885, (Tenn. Supreme Court 2002). Summary Judgment affirmed for warehouse lessor in a roof collapse case based on lease terms imposing risk of loss on the lessee.
American Environmental Protection, Inc. v. Board of Education of Memphis City Schools, 1996 WL 580999 (Tenn. Appeals 1996).  Judgment for asbestos abatement contractor affirmed where subcontractor was guilty of assumption of risk in bidding on a quantity of work after discovering error in the bid invitation.
Wells Fargo and Co. v. Paul Davidson Const. Co., 1992 WL 108703 (Tenn. Appeals 1992).  Judgment affirmed for contractor in alleged defective construction of apartment complex based on statute of repose and lack of evidence of fraudulent concealment of construction defects.

Professional Associations and Memberships:
Memphis Bar Association
Tennessee Association of Professional Mediators
Tennessee Bar Association, Member
Memphis Lawyers Journal Club
Tennessee Defense Lawyers Association
Transportation Lawyers Association

Military Service:
United States Air Force, Captain.  Special Agent, Office of Special Investigations ("OSI") 1967-1971