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Diana M. Comes

Diana M. Comes

Contact

(901) 680-7340 Email Me Download vCard

Practice Areas

Diana focuses her practice on financial services litigation and intellectual property matters and has handled appeals before the U.S. Courts of Appeals for the Fifth and Sixth Circuits, the Tennessee Supreme Court, and the Tennessee Court of Appeals.

Biography – View PDF Bio

Associations

Bar Admissions

  • Tennessee, 2011
  • U.S. District Courts
    • Tennessee: Western, Eastern
  • U.S. Court of Appeals
    • 5th Circuit
    • 6th Circuit
    • 11th Circuit

Civic Involvement

  • Memphis Farmer's Market, 2009-Present
  • Memphis Farmer's Market, Board of Directors, 2018-Present

Distinctions

  • Super Lawyers®
    • Mid-South Rising Star, Business Litigation, 2017-2020
  • Best Lawyers in America®
    • Commercial Litigation, 2020-2021
  • Fellow, New Memphis Institute, 2019-2020
  • Graduate, International Association of Defense Counsel (IADC) Trial Academy, Stanford Law School, 2019
  • Leo Bearman, Sr. American Inn of Court Outstanding Associate, 2017

Education & Honors

  • University of Memphis, J.D., summa cum laude, 2011
    • Senior Articles Editor, The University of Memphis Law Review, 2010-2011
    • Dean’s Distinguished Service Award, 2009-2010
    • CALI Excellence for the Future Awards (multiple areas)
  • Rhodes College, B.A., English Literature, summa cum laude, 2008
    • Phi Beta Kappa Honor Society
    • Omicron Delta Kappa Honor Society
  • Clerkship, Judge Ronald L. Gilman, U.S. Court of Appeals for the Sixth Circuit, 2012-2013
  • Clerkship, Chief Judge Jon. P. McCalla, U.S. District Court for the Western District of Tennessee, 2011-2012

Experience

  • Regularly counsel and represent data furnishers concerning alleged Fair Credit Reporting Act violations and obtain favorable resolutions of same.
  • ​Briefed, argued, and obtained dismissal of claims for wrongful tip-pooling under the Tennessee Tip Statute on behalf of national sports organization, involving the Tennessee Supreme Court overruling nineteen-year-old precedent allowing such claims.
  • ​Obtained dismissal of all claims for wrongful foreclosure against large regional financial institution and successfully defended dismissal on appeal in federal court.
  • Successfully moved for summary judgment on all claims of employer liability for sexual harassment on behalf of national grocery store chain and obtained affirmance of decision on appeal.
  • ​Obtained dismissal of interstate moving and transit claims under the Carmack Amendment and military claims acts for lack of subject matter jurisdiction on behalf of regional moving and storage company.
  • Successfully opposed exclusion of expert witness and obtained complete dismissal of all discrimination claims against major metropolitan airport authority after trial in federal court.
  • Obtained dismissal of all breach of contract and tort claims against mortgage servicer in federal court.

In the News

Papers, Presentations, & Publications

  • ​Co-Author, “What Does Your Dismissal Without Prejudice Mean? – A 50 State Survey of Savings Statutes,” Guest Post – Drug & Device Law Blog, October 18, 2018.
  • ​Co-Author, “What Does Your Dismissal Without Prejudice Mean? A 50-State Survey of Savings Statutes,” Pro Te: Solutio, Vol. 11 No. 2, September 2018.
  • Co-Author, “Survey of Federal Circuit Courts’ Class Action Decisions – 2018,” 6th Circuit Chapter (ABA Publishing 2018).
  • ​Co-Author, “A Practitioner’s Guide to Class Actions, 2d. Ed.,” Tennessee Chapter (ABA Publishing 2017).
  • Moderator, Legal Issues in Human Trafficking CLE, October 2017.
  • Moderator, Women in Law and Leadership CLE, Hanging Your Own Shingle panel, October 2017.
  • Contributor, "Radio Show: Association for Women Attorneys - Memphis" cityCURRENT Radio Interview, February 2017.
  • Presenter, "Internal Investigations," Butler Snow General Counsel CLE, November 2014.
  • Co-presenter, "Social Media and Juror Misconduct," Federal Bar Association, Summer Practice Seminar, August 24, 2012. 
    • More...

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