Kevin C. Baltz
Office Information
Kevin Baltz has extensive experience counseling clients through complex civil litigation in state and federal courts. Mr. Baltz routinely handles contract disputes, real estate litigation, disputed dissolutions, business torts and appellate work. Mr. Baltz also regularly serves as counsel in arbitration proceedings before the American Arbitration Association (AAA) and the Financial Industry Regulatory Authority (FINRA).
Biography – View PDF Bio
- Associations
- Bar Admissions
- Civic Involvement
- Distinctions
- Education & Honors
- Experience
- In the News
- Papers, Presentations, & Publications
- Recent Blogs
Bar Admissions
- Tennessee, 2003
- U.S. District Courts
- Tennessee: Western, Middle, Eastern
- U.S. Bankruptcy Courts - Tennessee: Western, Middle, Eastern
Civic Involvement
- Nashville City Civitan Club
Distinctions
- Martindale-Hubbell®
- AV®-Preeminent™ Peer Review Rated, 2012-2017
- Benchmark Litigation
- Future Litigation Star, 2009
- International Association of Defense Counsel Trial Academy, Stanford, 2008
Education & Honors
- University of Tennessee, J.D., cum laude, 2003
- Editor, Tennessee Law Review
- Phi Kappa Phi
- University of Tennessee, B.S., cum laude, 2000
- 2000 Academic All-American (Wrestling)
Experience
- Successfully defended breach of contract and mechanic’s lien claims on grounds that the doctrine of "novation" extinguished the claims. TWB Architects, Inc. v. The Braxton, LLC and Fidelity and Deposit Company of Maryland, Chancery Court for Cheatham County, Tennessee, Case No. 14181 (November 2013).
- Successfully represented a condominium home owners association with respect to breach of contract and fraud claims (Fall 2013).
- Obtained a declaratory judgment vacating and voiding an arbitration award. The Braxton, LLC v. TWB Architects, Inc. et al., Chancery Court for Davidson County, Tennessee, Case No. 09-1670-III(IV) (May 2012).
- Obtained a defense verdict on behalf of Averitt Air, Inc. in a multi-million dollar claim related to aircraft maintenance. Valley Commercial Capital, LLC v. Averitt Air, Inc., Circuit Court for Davidson County, Tennessee, Case No. 09C3849 (June 2012).
- Successfully enforced a restrictive covenant before a FINRA arbitration panel. SunTrust Bank and SunTrust Investment Services, Inc., Claimants, vs. Corey D. Anderson, Respondent (FINRA Arbitration 11-03554, June 5, 2012).
- Successfully established that the Tennessee Consumer Protection Act is inapplicable to wrongful foreclosure actions. Paczko v. SunTrust Mortgage., Inc., 2012 Tenn. App. LEXIS 671 (Tenn. Ct. App. Sept. 25, 2012).
- Successfully defended wrongful foreclosure action based upon plaintiff’s failure to comply with express terms of promissory note and deed of trust. Simpkins v. SunTrust Mortgage, Inc., 2012 U.S. Dist. LEXIS 105700, 12 (E.D. Tenn. July 30, 2012).
- Convinced the United States District Court for the Middle District of Tennessee to apply a strict "place of payment" rule under the Uniform Commercial Code (UCC). Rossi v. SunTrust Mortgage, Inc., 2011 U.S. Dist. LEXIS 149376, *12, 76 U.C.C. Rep. Serv. 2d (Callaghan) 427, 2011 WL 6888530 (M.D. Tenn. 2011).
- In transportation litigation, routinely convinced courts to recognize the preemptive effect of the Carmack Amendment, 49 U.S.C. § 14706, over state and common-law claims. See, e.g., Thornton v. Philpot Relocation Sys., 2012 U.S. Dist. LEXIS 6696 (E.D. Tenn. 2012); L.A. Enters. v. Roadway Express, Inc., 2006 U.S. Dist. LEXIS 24898 (E.D. Tenn. 2006); Grehan v. Am. Holiday Van Lines, Inc., 2005 U.S. Dist. LEXIS 23425 (E.D. Tenn. 2005). More...
- Successfully sought the appointment of a receiver. Farmers & Merchs. State Bank v. Direct Scaffold Servs., Co., LLC, Case No. 3:09-0376, 2009 U.S. Dist. LEXIS 101899 (M.D. Tenn. Oct. 30, 2009).
Papers, Presentations, & Publications
- Co-Presenter, "Ethics for In-House Counsel, Adapting to a Changing World: A CLE for In-House Counsel, November 2014.
- Presenter, "Achieve Your Poker Face: Tips to a Successful Mediation," DRI Webcast, Chicago, IL, 2010.
- Presenter, "Overcoming Common Challenges in Discovery Practice," Nashville, TN, 2009.
- Presenter, "The Tennessee Products Liability Act of 1978 and State Law Products Liability Concepts," Southeast Products Liability Forum, 2009.
- Presenter, "Deposition Ethics," Nashville, TN, 2008.
- Author, "Deposition of the Corporate Representative: The Scope of Rule 30(b)(6) Depositions, For the Defense", February 2008.
- Author, "Depositions of In-House Counsel - Maintaining and Protecting Evidentiary Privileges," DRI, Evidentiary Privileges for Corporate Counsel, 2008.
- Author, "Settlement Negotiations: What is Protected from Discovery and Admission at Trial," For the Defense, February 2007.
- Presenter, "Claims Liability Workshop," Loss Prevention Conference, Atlanta, GA, 2006. More...
- Author, "The Apex Deposition: Protecting High-Level Executives from Burdensome or Harassing Discovery," For the Defense, April 2006.
Recent Blogs
- Three Stripes and You’re Out: adidas Seeks to Protect its Mark
- Puff … Puff … Sue? Distinguishing an Aggressive Sales Pitch from an Actionable Misrepresentation
- Anything is (Im)Possible: Applying the “Impracticability” Defense to the Tennessee Wildfires
- Arbitration Agreements: Make Your Own Rules of Civil Procedure
- FALSE ADVERTISING? Not if Just One Expert Says It’s Not.
- CAREFUL WHAT YOU WISH FOR: Court Affirms Award of Attorney's Fees Based Upon Arbitration Rules
- I WANT MY SELFIE BACK!!!
- Is There A Right To Be Forgotten? The Court of Justice of the European Union Says "Yes".
- Arbitration Provisions: The Effect of Applying The AAA Rules More...
- Business Litigation: Is Expert Testimony Required?
- Enforcing an Electronic Contract? SGMT* (*Sounds Good to Me!)
- The Tennessee Consumer Protection Act is Inapplicable to Wrongful Foreclosure Actions
- Promissory Note Payment: Courts are Strictly Construing the "Place of Payment" Identified in the Note