Eddie Schmidt

Law Office of Eddie Schmidt

Eddie Schmidt Personal Injury Lawyer

Law Office of Eddie Schmidt

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Firm Summary

Eddie grew up in a Catholic middle class family in Harahan, Louisiana, a small town along the Mississippi River outside of New Orleans. He attended Vanderbilt University where he graduated with Honors and lettered four years as a member of the Varsity Swimming Team and served as team captain.

Eddie put himself through LSU Law School working three different jobs. After law school, Eddie worked for a small Baton Rouge firm for a couple of years before starting his own practice in Jefferson, Louisiana. While maintaining primarily a private practice, Eddie also served at various times as a public defender, general counsel to the Louisiana Department of Agriculture, and a Better Business Bureau Arbitrator. Eddie served two terms as a member of the Louisiana Democratic State Central Committee.

Concerned over increasing government intrusion into personal privacy and religious affairs, Eddie became a cooperating attorney for the ACLU. In 1998 Eddie attended the Trial Lawyers College founded by legendary lawyer Gerry Spence. The Trial Lawyers College is a month long program held annually for 50 invited civil plaintiff and criminal defense lawyers. Eddie currently serves as a member of the teaching faculty. In addition to his involvement with the Trial Lawyers College, Eddie regularly writes and speaks about trial practice.

In 2001 at age 43 and disgusted with Louisiana’s poverty, pollution, and politics and following his heart, Eddie closed his practice and moved to Nashville. He married second grade teacher Amy Rich of Nashville. Eddie has tried all types of civil and criminal cases and has obtained significant verdicts in medical malpractice, products liability, unfair trade practices, and civil rights in both state and federal courts.

Eddie has successfully argued cases before the Tennessee and Louisiana Supreme Courts and the U.S. Court of Appeals for the Fifth and Sixth Circuits. In 2008 Eddie was awarded the Bruce Kramer ACLU Cooperating Attorney Award.

Education

• Vanderbilt University – B.A. with Honors, 1980; Varsity Swimming Team
• Louisiana State University Law Center – J.D., 1984
• Trial Lawyers College, 1998

Professional CLE:

• Trial Lawyers College – Teaching Faculty, 1-3 times annually since 2008
• Trial Lawyers College is a nonprofit organization devoted to teaching trial skills to
• lawyers who represent people. www.triallawyerscollege.org

Bar Admissions

• LA – 1984 (LA Bar No. 14393)
• TN – 2001 (TN Bar No. 21313)
• U.S. District Courts (LA) – Eastern, Middle and Western sections
• U.S. District Courts (TN) – Eastern, Middle and Western sections
• U.S. Court of Appeals, Fifth Circuit
• U.S. Court of Appeals, Sixth Circuit

Employment

• Private Practice – Baton Rouge, LA, 1984-1986
• Private Practice – Jefferson, LA, 1986-2001
• Jefferson Parish Indigent Defender, 1986-1989
• LA Dept. of Agriculture General Counsel, 1990-1994
• LA Commissioner of Agriculture Bob Odom, Executive Counsel, 1990-1994
• LA ACLU Cooperating Attorney, 1996-2001
• TN ACLU Cooperating Attorney, 2001-present
• Private Practice – Nashville, TN, 2001-present

Awards

• TN ACLU Cooperating Attorney Award, 2008

Trials

• Over fifty civil and criminal jury trials in Federal and State Courts.

Reported Decisions

• Sherrill v. Souder, 325 S.W.3d 584 (Tenn. 2010); notice for statute of limitations
  described.
• Barkes v. River Park Hospital, Inc., 328 S.W.3d 829 (Tenn. 2010); medical negligence
  verdict affirmed.
• McClay v. Airport Management Services, 596 S.W.3d 686 (Tenn. 2020); damages cap
  upheld.
• Smith v. Carbide and Chemicals, 507 F.3d 372 (6th Cir. 2007); radioactive contamination
  and diminution of property value.
• Mathis v. Wayne Co. Board of Education, 782 F.Supp.2d 542 (M.D. Tenn. 2011); Title IX
  sexual assault.
• Doe v. Wilson County School System, 564 F.Supp.2d 766 (M.D. Tenn. 2008);
  Establishment Clause violation injunction.
• Doe v. Hamilton County Board of Education, 329 F.Supp.3d 543 (E.D. Tenn. 2018); Title IX
  sexual assault.
• Gilmore v. NOL, L.L.C., 2020 WL 2765843 (Tenn. Ct. App. 2020); comparative fault jury
  verdict reversible error.
• Thomson v. Genesis Diamonds, LLC, 661 S.W.3d 121 (Tenn. Ct. App. 2022); attorney fee
  award vacated.
• Halmon v. Lane College, 2020 WL 2790455 (Tenn. Ct. App. 2020); student bullying;
  summary judgment vacated.
• Travis v. Ferraraccio, 2005 WL 2277589 (Tenn. Ct. App. 2005); medical negligence
  locality rule summary judgment reversed.
• Grogan v. Uggla, 535 S.W.3d 864 (Tenn. 2017); home inspector not liable for negligent
  inspection.
• Olinger v. University Medical Center, 269 S.W.3d 560 (Tenn. Ct. App. 2008); sudden
  emergency instruction upheld.
• Francois v. Willis, 205 S.W.2d 915 (Tenn. Ct. App. 2006); prejudgment interest not
  allowed in tort cases.
• Gunn v. BRP, Inc., 2022 WL 2032820 (M.D. Tenn. 2022); product liability.
• Dressman v. Metropolitan Gov’t. of Nashville, 2012 WL 5931881 (M.D. Tenn. 2012); § 1983
  claim for inmate-on-inmate violence.
• Cline v. Public Supermarkets, Inc., 2017 WL 67945 (M.D. Tenn. 2017); product liability
  and food allergy.
• King v. Montgomery County, Tennessee, 797 Fed.Appx. 949 (6th Cir. 2020); exigent
  circumstances justified warrantless search and seizure. 3
• Doe v. Maury County Board of Education, 2018 WL 5634001 (M.D. Tenn. 2018); Title IX
  sexual assault.
• Blankenship v. City of Crossville, 2017 WL 4641799 (M.D. Tenn. 2017); § 1983 claim
  against City Judge for alleged civil rights violation allowed to proceed.
• Smith v. State, 2008 WL 345850 (Tenn. Ct. App. 2018); Claims Commission award of
  compensation for inmate’s negligent medical treatment affirmed.
• Bouy v. Transcontinental Gas Pipe, Inc., 645 F.Supp. 109 (M.D. La. 1986); natural gas as
  hazardous substance allowing for exemplary damages.
• Delome v. Tulane Educational Fund, 703 So. 2d 139 (4th Cir. 1997); medical negligence
  verdict affirmed.
• Aetna v. Hillman, 796 F.2d 770 (5th Cir. 1986); subject matter jurisdiction.
• Barnes v. Thames, 578 So. 2d 1155 (1st Cir. 1991); pedestrian TBI verdict affirmed.
• Watson v. State through Dept. of Transportation, 529 So. 2d 427 (1st Cir. 1998); defective
  roadway design and maintenance verdict affirmed.
• New Orleans Secular Humanist Assoc. v. Bridges, 2006 WL 8456121 (E.D. La. 2006);
  Establishment Clause violation.
• Breaux v. J.C. Penny, Inc., 617 So. 2d 130 (5th Cir. 1993); post trial rulings reversible
  error.
• Fields v. Lofton, 712 So. 2d 268 (1st Cir. 1998); City owed no duty to conduct construction
  inspection.
• Dye v. Opik Door Co., Inc., 570 So. 2d 477 (5th Cir. 1990); summary judgment reversed
  in premises liability case.
• In Re: Christina, 746 So. 2d 709 (5th Cir. 1999); Interdiction proceeding.
• Azby Fund v. Strike-N-Arc, Inc., 612 So. 2d 303 (5th Cir. 1992); injunction for hazardous
  operation affirmed.
• TeleRecovery of La., Inc. v. Gaulon, 738 So. 2d 662 (5th Cir. 1999); gambling markers were
  collectible negotiable instruments.
• Pennison v. Pennison, 542 So. 2d 666 (5th Cir. 1989); failure to award past due child
  support and attorney fees reversible error.
• Bonaventure v. Pourciau, 577 So. 2d 742 (1st Cir. 1991); motion to vacate compromise
  held improper.
• Driscoll v. Provenzano, 738 So. 2d 552 (5th Cir. 2001); jury verdict for property owner
  afrirmed.

Legal Articles Authored and Published

• “Show Me The Money,” The Warrior (Summer 2002)
• “Jury Selection” in Civil Trial From Start to Finish, National Business Institute (2004)
  4
• “Jury Selection,” The Warrior (Spring 2007)
• “How to Present Your Case At Trial,” Building Your Trial Skills, National Business
  Institute (2008)
• “More Likely Than Not Trial Theme,” The Warrior (Spring 2008)
• “Interesting Direct Examination,” The Tennessee Trial Lawyer (Summer 2019); reprinted
  with permission, Kentucky Justice Association, The Advocate (2019)
• “Responding to the ‘This Never Happened Before’ Defense,” Warrior Magazine
  (Summer 2019); reprinted with permission in The Justice Bulletin (South Carolina,
  Summer 2019)
• “Effective Trial Skills Learned Watching A Criminal Trial,” The Warrior (Spring 2020)
• “Common Enemy Rule in Jury Selection,” The Tennessee Trial Lawyer (Summer 2020)
• “Admitting Summary Evidence at Trial,” The Tennessee Trial Lawyer (Spring 2021)
• “Proceed Carefully When Pursuing a Lawsuit that Alleges Fraud” The Tennessee Trial
  Lawyer (Fall 2021)
• “Need to Associate or Asked to Serve as Local Counsel? Guidelines to Consider and
  Problems to Avoid.” The Warrior (Spring 2022)
• “Admitting Other Similar Incidents Information into Evidence.” The Warrior
  (Spring 2023)
• “Responding to a Rule 12.02(6) Motion to Dismiss for Failure to State a Claim.” The
  Tennessee Trial Lawyer (Summer 2023)
• “Food Allergies.” AIEG Voice (Fall 2023/Consumer Products Edition)
• “Admitting Other Similar Incidence Information Into Evidence,” The Tennessee Trial
  Lawyer (Spring 2024); reprinted from The Warrior (Spring 2023)
• “Voir Dire: A Different Approach to Responding to the Bad Answer,” The Tennessee
  Trial Lawyer (Summer 2024)
• “Involuntary Mental Health Admission Procedure,” The Tennessee Trial Lawyer