W. Davis Frye

W. Davis

Frye

Overview

Davis practices within Butler Snow's Tort, Transportation, & Specialized Litigation Group. 

Experience

  • Davis has extensive trial and arbitration experience, and he regularly defends healthcare providers in lawsuits involving claims of negligence.  He also defends businesses, healthcare systems, and medical clinics in litigation involving medical malpractice, employment disputes, antitrust litigation, and commercial disputes.
  • In addition to his trial work, Davis routinely advises businesses and health care providers on a variety of day-to-day legal topics including contract issues, risk management, arbitration agreements, and employment matters. His other experience includes litigation involving the False Claims Act, OSHA, FLSA, FMLA and white collar crime.
  • Representative Matters
    • Obtained a directed verdict in a nursing home negligence case in which the plaintiff alleged that the nursing home failed to assess a change in a resident’s condition, resulting in dehydration and death.
    • Finding of no liability in arbitration in which the claimant alleged that a nursing home resident developed pressure wounds and expired due to the negligence of the respondent nursing home.
    • Achieved a defense verdict in a nursing home negligence case in which the plaintiff alleged that a nursing home failed to provide appropriate fluid to a resident, resulting in her dehydration and death.
    • Achieved a defense verdict in a nursing home negligence trial in which the plaintiff alleged that a nursing home allowed a resident’s foot ulcer to deteriorate into a large, stage IV wound, requiring a leg amputation.
    • Achieved an appellate victory affirming a directed verdict in a nursing home malpractice trial involving a stage IV sacral ulcer and wrongful death claim.
    • Obtained a finding of no liability in a medical negligence arbitration in which the claimant alleged that a nursing home resident was subject to neglect, resulting in a stage IV pressure ulcer, sepsis and death.
    • Obtained a defense verdict in a nursing home negligence trial in which the plaintiff alleged that a resident experienced dehydration, malnutrition, infections, pressure wounds and ultimately death due to negligent care.
    • Achieved a directed verdict in a nursing home negligence trial in which the plaintiff alleged that a nursing home allowed a foot ulcer to develop, worsen and become gangrenous, resulting in an amputation and the eventual death of a resident.
    • Achieved the appellate reversal of a jury verdict, based on an evidentiary issue, in a nursing home malpractice case involving decubitus ulcers and the death of a nursing home resident.
    • Achieved a directed verdict in a nursing home negligence trial in which the plaintiff alleged that the nursing home neglected a resident, causing her to develop a pressure wound on her sacrum.
    • Obtained a finding of no liability in an arbitration in which the claimant alleged that the client’s nursing home neglected a resident, resulting in malnutrition, dehydration, pressure ulcers, infection and death.
    • Obtained summary judgment in favor of a long term care facility in a case alleging wrongful death of a nursing home resident resulting from the development of pressure wounds and sepsis.
    • Obtained a finding of no liability in arbitration in which the plaintiff alleged that a nursing home failed to turn and reposition a resident, resulting in the resident’s development of pressure wounds and ultimate death.
    • Obtained summary judgment in favor of a nursing home accused of employment discrimination, retaliation and a hostile work environment by a union steward who claimed to have been terminated because of her race and for filing union grievances.
    • Obtained the dismissal of a nursing home administrative services provider from a negligence case in which the plaintiff asserted claims of corporate control and veil-piercing.Obtained summary judgment in an employment dispute in which a former employee alleged that her employer discriminated against her on the basis of her gender, race and national origin. Enforcement of multiple arbitration agreements in nursing home negligence cases.
    • Obtained summary judgment in a nursing home negligence case in which the plaintiff alleged that a resident choked on a food substance provided by the nursing home, resulting in death.
    • Successfully mediated after motions and limited discovery, on behalf of a multinational pharmaceutical company after almost eight years of litigation, settling a parens patriae action by the Mississippi Attorney General alleging antitrust and consumer protection violations for price fixing of human and animal vitamins and vitamin mixes around the world.

Distinctions

  • Martindale-Hubbell®
    • AV®– Preeminent™ Peer Review Rated
  • Best Lawyers in America®
    • Commercial Litigation, 2016-2024
    • Medical Malpractice Law - Defendants, 2024
    • Personal Injury Litigation - Defendants, 2024
  • Super Lawyers®
    • Mid-South Super Lawyers, 2014-2019, 2022-2023
    • Mid-South Rising Star, 2010-2012
  • Mississippi Business Journal, Mississippi's Top 40 Under 40, 2007

Bar Admissions

  • Mississippi, 1997
  • Tennessee, 1998
  • U.S. Court of Appeals
    • 6th Circuit

Education

  • Vanderbilt University Law School, J.D., 1997
    • Associate Editor, Vanderbilt Journal of Transnational Law
  • Millsaps College, B.B.A., Business Administration, summa cum laude, 1994

Associations

  • American Bar Association
    • Litigation Division
    • Health Law Litigation Committee
    • Employment Law Division
    • Commercial Litigation Division
  • Mississippi Bar Association
    • Young Lawyers Division
      • Director, 2002-2004
  • Tennessee Bar Association
  • American Health Lawyers Association
  • Defense Research Institute (DRI)
  • Capital Area Bar Association

Papers, Presentations & Publications

  • Presenter, “Who Speaks for the Clinically Silenced?  When Life Sustaining Treatment Decisions Risk Liability,” June 2017.
  • Speaker, “The Fightin' Side of Me: Trial Tactics,” November 2016.
  • Author, "INJUNCTION GRANTED: AHCA Jumps the First Hurdle in Overturning CMS's Ban on Pre-Dispute Arbitration," November 2016.
  • Speaker, "Final Regulations: CMS' Ban on Pre-Dispute Arbitration Agreements," webinar for LeadingAge Texas, November 2016.
  • Co-author, "Top 10 Ways to Avoid Litigation," McKnight's Long-Term Care News & Assisted Living, April 2014.
  • Co-author, "State of Mississippi," State Antitrust Practice and Statutes, Chapter, Volume 2, Fifth Edition, 2014.
  • Author, "Top 10 Recommendations to Avoid Litigation," August 19, 2013.
  • Speaker, "How to Prevent a Punitive Damages Verdict Against Your Long Term Care Facility," June 2013.
  • Speaker, "Avoiding Litigation in the Long Term Care Industry," June 2013.
  • Speaker, "Latest Trends in Long Term Care Corporate Structure," November 2012.
  • Speaker, "Avoiding a Big Verdict in Long Term Care Litigation," November 2012.
  • Speaker, "Enforcing Arbitration Agreements in Mississippi Nursing Homes," June 2012.
  • Speaker, "Legal Update: Charting in Long Term Care Facilities," December 2011.
  • Speaker, "Legal Implications of Policies and Procedures in Long Term Care Facilities," December 2011.
  • Speaker, "Strategies for Taking and Defending Expert Depositions," October 2011.
  • Speaker, "Enforcing Arbitration Agreement in Mississippi Long Term Care Facilities," October 2011.

W. Davis

Frye

Overview

Davis practices within Butler Snow's Tort, Transportation, & Specialized Litigation Group. 

Experience

  • Davis has extensive trial and arbitration experience, and he regularly defends healthcare providers in lawsuits involving claims of negligence.  He also defends businesses, healthcare systems, and medical clinics in litigation involving medical malpractice, employment disputes, antitrust litigation, and commercial disputes.
  • In addition to his trial work, Davis routinely advises businesses and health care providers on a variety of day-to-day legal topics including contract issues, risk management, arbitration agreements, and employment matters. His other experience includes litigation involving the False Claims Act, OSHA, FLSA, FMLA and white collar crime.
  • Representative Matters
    • Obtained a directed verdict in a nursing home negligence case in which the plaintiff alleged that the nursing home failed to assess a change in a resident’s condition, resulting in dehydration and death.
    • Finding of no liability in arbitration in which the claimant alleged that a nursing home resident developed pressure wounds and expired due to the negligence of the respondent nursing home.
    • Achieved a defense verdict in a nursing home negligence case in which the plaintiff alleged that a nursing home failed to provide appropriate fluid to a resident, resulting in her dehydration and death.
    • Achieved a defense verdict in a nursing home negligence trial in which the plaintiff alleged that a nursing home allowed a resident’s foot ulcer to deteriorate into a large, stage IV wound, requiring a leg amputation.
    • Achieved an appellate victory affirming a directed verdict in a nursing home malpractice trial involving a stage IV sacral ulcer and wrongful death claim.
    • Obtained a finding of no liability in a medical negligence arbitration in which the claimant alleged that a nursing home resident was subject to neglect, resulting in a stage IV pressure ulcer, sepsis and death.
    • Obtained a defense verdict in a nursing home negligence trial in which the plaintiff alleged that a resident experienced dehydration, malnutrition, infections, pressure wounds and ultimately death due to negligent care.
    • Achieved a directed verdict in a nursing home negligence trial in which the plaintiff alleged that a nursing home allowed a foot ulcer to develop, worsen and become gangrenous, resulting in an amputation and the eventual death of a resident.
    • Achieved the appellate reversal of a jury verdict, based on an evidentiary issue, in a nursing home malpractice case involving decubitus ulcers and the death of a nursing home resident.
    • Achieved a directed verdict in a nursing home negligence trial in which the plaintiff alleged that the nursing home neglected a resident, causing her to develop a pressure wound on her sacrum.
    • Obtained a finding of no liability in an arbitration in which the claimant alleged that the client’s nursing home neglected a resident, resulting in malnutrition, dehydration, pressure ulcers, infection and death.
    • Obtained summary judgment in favor of a long term care facility in a case alleging wrongful death of a nursing home resident resulting from the development of pressure wounds and sepsis.
    • Obtained a finding of no liability in arbitration in which the plaintiff alleged that a nursing home failed to turn and reposition a resident, resulting in the resident’s development of pressure wounds and ultimate death.
    • Obtained summary judgment in favor of a nursing home accused of employment discrimination, retaliation and a hostile work environment by a union steward who claimed to have been terminated because of her race and for filing union grievances.
    • Obtained the dismissal of a nursing home administrative services provider from a negligence case in which the plaintiff asserted claims of corporate control and veil-piercing.Obtained summary judgment in an employment dispute in which a former employee alleged that her employer discriminated against her on the basis of her gender, race and national origin. Enforcement of multiple arbitration agreements in nursing home negligence cases.
    • Obtained summary judgment in a nursing home negligence case in which the plaintiff alleged that a resident choked on a food substance provided by the nursing home, resulting in death.
    • Successfully mediated after motions and limited discovery, on behalf of a multinational pharmaceutical company after almost eight years of litigation, settling a parens patriae action by the Mississippi Attorney General alleging antitrust and consumer protection violations for price fixing of human and animal vitamins and vitamin mixes around the world.

Distinctions

  • Martindale-Hubbell®
    • AV®– Preeminent™ Peer Review Rated
  • Best Lawyers in America®
    • Commercial Litigation, 2016-2024
    • Medical Malpractice Law - Defendants, 2024
    • Personal Injury Litigation - Defendants, 2024
  • Super Lawyers®
    • Mid-South Super Lawyers, 2014-2019, 2022-2023
    • Mid-South Rising Star, 2010-2012
  • Mississippi Business Journal, Mississippi's Top 40 Under 40, 2007

Bar Admissions

  • Mississippi, 1997
  • Tennessee, 1998
  • U.S. Court of Appeals
    • 6th Circuit

Education

  • Vanderbilt University Law School, J.D., 1997
    • Associate Editor, Vanderbilt Journal of Transnational Law
  • Millsaps College, B.B.A., Business Administration, summa cum laude, 1994

Associations

  • American Bar Association
    • Litigation Division
    • Health Law Litigation Committee
    • Employment Law Division
    • Commercial Litigation Division
  • Mississippi Bar Association
    • Young Lawyers Division
      • Director, 2002-2004
  • Tennessee Bar Association
  • American Health Lawyers Association
  • Defense Research Institute (DRI)
  • Capital Area Bar Association

Papers, Presentations & Publications

  • Presenter, “Who Speaks for the Clinically Silenced?  When Life Sustaining Treatment Decisions Risk Liability,” June 2017.
  • Speaker, “The Fightin' Side of Me: Trial Tactics,” November 2016.
  • Author, "INJUNCTION GRANTED: AHCA Jumps the First Hurdle in Overturning CMS's Ban on Pre-Dispute Arbitration," November 2016.
  • Speaker, "Final Regulations: CMS' Ban on Pre-Dispute Arbitration Agreements," webinar for LeadingAge Texas, November 2016.
  • Co-author, "Top 10 Ways to Avoid Litigation," McKnight's Long-Term Care News & Assisted Living, April 2014.
  • Co-author, "State of Mississippi," State Antitrust Practice and Statutes, Chapter, Volume 2, Fifth Edition, 2014.
  • Author, "Top 10 Recommendations to Avoid Litigation," August 19, 2013.
  • Speaker, "How to Prevent a Punitive Damages Verdict Against Your Long Term Care Facility," June 2013.
  • Speaker, "Avoiding Litigation in the Long Term Care Industry," June 2013.
  • Speaker, "Latest Trends in Long Term Care Corporate Structure," November 2012.
  • Speaker, "Avoiding a Big Verdict in Long Term Care Litigation," November 2012.
  • Speaker, "Enforcing Arbitration Agreements in Mississippi Nursing Homes," June 2012.
  • Speaker, "Legal Update: Charting in Long Term Care Facilities," December 2011.
  • Speaker, "Legal Implications of Policies and Procedures in Long Term Care Facilities," December 2011.
  • Speaker, "Strategies for Taking and Defending Expert Depositions," October 2011.
  • Speaker, "Enforcing Arbitration Agreement in Mississippi Long Term Care Facilities," October 2011.