Attorney - H. Buckley Cole

Attorney:

H. Buckley Cole
Partner
HBS Nashville Office

P: 615-277-5006
F: 615-313-8008
E: hbcole@hallboothsmith.com
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Overview

Buck has practiced in Nashville for over 25 years. He has litigated in state and federal courts throughout Tennessee. His litigation practice has ranged from representing spouses in divorces to defending corporations in class actions. He has handled numerous real estate transactions and disputes as well as many types of contract lawsuits and arbitrations. Buck practices out of the Nashville office of Hall Booth Smith, PC.

Practice Areas

Business Litigation

Mr. Cole has litigated for both small businesses and international enterprises in many types of disputes. He represented a global components supplier in matters throughout Tennessee. He has arbitrated or litigated over the dissolution or valuation of closely held businesses and professional practices. Mr. Cole has defended corporations against class actions for consumer protection or securities claims. He has defended corporations against claims by terminated employees under executive contracts.  He has represented corporations and insurers in adversary proceedings and preference claims in bankruptcy courts. He has also defended a business against claims of product counterfeiting.

Construction

Buck's representation in this area includes property owners, contractors, subcontractors, and lenders. He has handled lawsuits or arbitrations over a wide range of alleged building defects, lien claims and contract disputes. He recently represented the general contractor in disputes over one of the most expensive homes ever built in Middle Tennessee. He has represented a leading HVAC manufacturer in disputes throughout the state. He obtained a dismissal of class action against an international manufacturer of building supplies for an allegedly defective product. He successfully defended a supplier in an environmental lawsuit. 

Employment

Buck defends employers against EEOC charges and complaints for, discrimination and retaliatory actions. He also has defended employers in executive contract disputes.  He has also litigated over covenants not to compete and trade secrets. In recent years, he tried the discrimination claims to three juries. He obtained summary judgment for employers on an ERISA claim and on a former executive’s claims for fraud and breach of contract. He also represented the prevailing class of former employees’ claims to a retirement fund of over $180 million in a reverse class action under ERISA.

Family Law / Domestic Relations

Mr. Cole has represented spouses in divorces throughout Tennessee for over 20 years. His clients have included owners of small businesses, corporate executives, professionals, performing artists, stay at home parents, and retirees. He has drafted prenuptial agreements and postnuptial agreements. His practice has included a broad spectrum of post-divorce disputes like custody and child support issues. Mr. Cole is experienced both in trial work and mediation. He has also handled comples corporate and real estate transactions necessary to comply with divorce decrees.

Health Care

Nashville has a vibrant healthcare industry. Over the years, Buck has represented healthcare companies in numerous contexts. He has assisted such firms in the acquisition of new facilities, in the defense of securities class actions and claims by former executives. He has handled disputes over the dissolution of medical practices. He successfully defended a health insurer in a putative class action alleging state regulatory violations. Another insurer client obtained summary judgment against a hospital’s claim for coverage arising out of secret 1940’s radiation experiments. He also obtained summary judgment for a medical device manufacturer in a putative class action.

Professional Malpractice and Ethics

Buck has defended attorneys and doctors against malpractice claims. He has also represented accountants threatened with malpractice claims. He has defended realtors, engineers and contractors in licensing disputes with state agencies.

Real Estate

Buck has handled numerous real estate disputes and closings.  He recently obtained for a borrower the reversal of a national lender's $6,000,000 personal judgment on a default loan.  He has arbitrated over the ownership of a regional mall. He has litigated over the ownership and financing of a hotel in reported decisions. Buck has also handled the sale or purchase of office buildings, apartment complexes, development land and even a cemetery. He frequently serves as local counsel on multistate transactions.

 

Representative Reported Decisions:

• Fannie Mae v. TN Metro Holdings XII, LLC, 2013 Tenn. App. LEXIS 330 (reversing summary judgment for lender because of failure to provide notice to cure)

• Anderson v. Primesource Building Products, Inc., 2008 WL 4186186, E.D. Tenn. (dismissal of product liability class action)

• Rhew v. Norandal USA, Inc., 2008 WL 961590, E.D. Ark. (summary judgment for employer on ERISA claim)

• Rust v. Southern Environmental Contractors, Inc., 2008 WL 544660 (summary judgment for majority shareholder in corporate liquidation)

• Cambio Health Solutions, LLC v. Sloate, 2003 U.S. App. LEXIS 14551 and Cambio health Solutions, LLC v. Reardon, 228 F. Supp.2d 883 (2002) (effect of arbitration clauses in executive employment agreements)

• Healthtrust, Inc. v. Usher, M.D. Tenn. 2000 (summary judgment for class of retired employees as to entitlement to over $180,000,000 in retirement plan)

• U.S. Fire Ins. Co. v. Vanderbilt University, 828 Fed. Supp. 3d 788, M.D. Tenn. 2000 (summary judgment for insurer over damages paid from secret 1940's radiation experiments)

• Tennessee Small School Systems v. McWherter, 851 S.W.2d 139 (Tenn. 1993) (finding Tennessee's funding of public school systems violated the State Constitution)

Education

University of Virginia, B.A., 1976

University of Virginia, J.D., 1981
 

Admitted

Tennessee, 1986

Publications

Mold Litigation, Chitester Management Systems, 2003
Insurance Law in Tennessee, Lorman Seminars, 2003
Real Estate Litigation in Tennessee, National Business Institute, 1998
Trial Practice Seminar, Nashville Bar Association, 1997
Valuation of Closely Held Businesses in Divorces, Nashville Bar Association, 1995
Impact of Tennessee Small Schools Case, Tenn. Assn. of County Attorneys, 1993 

Awards

AV® Preeminent™ Peer Review Rated by Martindale-Hubbell

Memberships

Nashville Bar Association

Tennessee Bar Association