About Shelby Grubbs
Shelby Grubbs is a dispute resolution professional. Over the course of his 45+ year legal career, he has accumulated deep experience in achieving the efficient resolution of disputes, both in U.S. domestic and international matters. That experience includes work as advocate, arbitrator, mediator, special master, administrator and law school teacher. Shelby is a JAMS arbitrator and mediator. He has also served as arbitrator for the American Arbitration Association, the CPR Institute for Conflict Prevention and Resolution, the ICC Court of International Arbitration and the International Centre for Dispute Resolution. His special master work has involved matters involving up to USD 1 billion. His mediation experience includes matters involving up to USD100 million. He is the former (and founding) Executive Director of the Atlanta Center for International Arbitration and Mediation, now known as the Georgia State Arbitration Center, and a member of the ICC Commission on Arbitration and ADR.
He began his career in Chattanooga, Tennessee, USA. While practicing in Tennessee he chaired two commissions on dispute resolution for the Tennessee Supreme Court and helped design mediation systems for Tennessee’s state and federal courts. He is currently based in Atlanta, Georgia, USA.
EXPERIENCE IN DISPUTE RESOLUTION
Shelby’s experience as an arbitrator has included matters administered by the American Arbitration Association and its international component, the International Centre for Dispute Resolution as well as the CPR International Institute for Conflict Prevention & Resolution and the ICC Court of International Arbitration and JAMS. He is also a panelist for the World Intellectual Property Organization.
His mediation work has included domestic and international matters in various subject areas.
In addition to working as an arbitrator and mediator, he has served as a court-appointed special master in multi-party cases. He was special master to compute damages in a case brought by the federal government to recover Medicare payments made on behalf of over 250,000 beneficiaries and claiming more than USD 1 billion. He was also special master responsible for dividing settlement proceeds among 2600 class members in a water pollution case. He served as special master in a ground water contamination claim brought by 282 plaintiffs and in consolidated corporate governance litigation involving an industrial gas company.
Representative work includes:
Special Master - Environmental
Shults et al v. Champion International Corp. – Appointed by US District Court for the Eastern District of Tennessee to divide settlement proceeds among 1200 class members.
Beach v. Unisys Corporation – Appointed by US District Court for the Eastern District of Tennessee to conduct various proceedings to explore settlement.
Special Master - Medicare
United States v. Provident Life & Accident Beach v. Unisys Corporation – Appointed by US District Court for the Eastern District of Tennessee to compute damages owed in Medicare secondary payment litigation.
Special Master – Corporate Governance
Faucet et al v. White et al – Appointed by US District Court for the Eastern District of Tennessee to conduct various proceedings to explore settlement.
Arbitrator - Construction
Sole arbitrator in two cases involving metropolitan subway system. Wing arbitrator in case involving oil refinery “turnaround.” Wing arbitrator in case involving site preparation for solar farm.
Arbitrator – Consumer Lending
Sole arbitrator in related cases involving application of Dormant Commerce Clause to Interstate consumer lending.
Arbitrator – Corporate Governance
Sole arbitrator in dispute regarding corporate governance.
Arbitrator – Employment
Sole arbitrator in commission dispute involving textile sales.
Sole arbitrator in 42 U.S.C. §1981 case.
Sole arbitrator in Age Discrimination in Employment cases.
Arbitrator in non-compete cases involving construction contracting and concert booking.
Arbitrator - Employment - Wage and Hour
Sole arbitrator in cases regarding independent contractor or employee status.
Arbitrator - Franchise
Sole arbitrator in cases arising out of fast-food franchises.
Sole arbitrator in case arising out of franchises for magazine publication.
Arbitrator – International
Sole arbitrator in case involving alleged breach of contract relating to improper sales into exclusive Latin American territory.
Sole arbitrator in claims by seafarers against cruise lines under US and Bahamian law.
Sole arbitrator in attorneys fee dispute involving Thai and US parties.
Panel arbitrator in case involving delivery of machinery parts for use in petroleum refining involving German and US parties and offshore refinery.
Sole arbitrator in case involving bulk purchases of secondhand clothing.
Arbitrator - Products Liability
Sole arbitrator in personal injury claim arising out of use of contraceptive device.
Arbitrator – Utilities
President of arbitration panel in claim against public utility involving natural gas vehicle fleet.
Arbitrator - Securities
President of panel and wing arbitrator in securities claims arising in broker–customer context.
Mediator
Roughly 30 mediations involving various topics including: breach of contract and general commercial claims, contract, employment, personal injury, wrongful death, product liability and securities.
EXPERIENCE AS AN ADVOCATE
Shelby’s experience in domestic litigation work has included engagements as lead counsel involving anti-trust, banking, contract, corporate governance, consumer protection, employment, international arbitration, limited partnership, products liability, securities, trademark, trespass and U.S. wage and hour laws. He has also been involved in defending cases brought under the First, Fifth and Fourteenth Amendments to the U.S. Constitution. He has done considerable work in class actions, mainly as defense counsel but also as plaintiffs’ class counsel, and he has served as coordinating counsel monitoring and supervising related class cases in multiple U.S. jurisdictions.
Shelby’s international litigation experience includes acting as lead counsel (or lead U.S. counsel) in cases involving parallel proceedings in Luxembourg, Mexico, Spain and the United Kingdom and lead counsel in arbitration for a Netherlands-based consumer products company. He has also acted as counsel in arbitration matters in the United States, Europe and Asia.
Representative matters include:
Anti-Trust
Forman et al v. NCCI et al – Lead trial counsel for defendants in state anti-trust class claim in Circuit Court for Marion County, Tennessee, and Tennessee Court of Appeals for Middle Section. Reported at 13 S.W. 3rd 365 (Tenn. App. 1999). Concluded in 1999.
Consumer
Operations Management International v. Tenngasco – Lead Counsel for defendant in consumer protection act claims in US District Court for the Eastern District of Tennessee. Reported at 35 F. Supp. 2nd 1052 (E.D. Tenn. 1999). Concluded in 1999.
Reeners et al v. Verizon – Lead counsel for defendant in class claims in Circuit Court for Sumner County, Tennessee and US District Court for Middle District of Tennessee. Reported at 2011 WL 2791262 (M.D. Tenn. 2011). Concluded in 2011.
Directors and Officers Liability
FDIC v. Colonial Bank – Counsel for plaintiff in directors’ and officers’ liability and fidelity bond claims arising out of failure of $30 billion bank in U.S. District Court for the Middle District of Alabama. Concluded in 2014.
FDIC v. Berry et al – Counsel for defendant ex-bank president in directors and officers liability claims arising out of failure of Butcher bank system in US District Court for the Eastern District of Tennessee. Concluded in 1990.
Employment
Scripps v. Agency for Performing Arts – Lead Tennessee counsel for defendant in constructive discharge/non-compete case in U.S. District Court for the Middle District of Tennessee. Concluded in 2018.
Robinson et al v. Coca-Cola Enterprises – Lead counsel for defendant in employment class claims in Hamilton County, Ohio Court of Common Pleas and Ohio Court of Appeals. Report at 153 Ohio App. 3rd 764 (2003). Concluded in 2010.
Chancellor v. Coca-Cola Enterprises – Lead counsel for defendant in employment case in US District Court for Southern District of Ohio. Report at 2008 WL 3307131 (S.D. Ohio 2008).
Spearman v. Deloitte & Touche – Lead counsel for defendant in employment claim in U.S. District Court for the Middle District of Tennessee. Concluded in 2007.
Wallace v. Johnston Coca-Cola Bottling Group, Inc. Counsel for defendant in employment claim in US District Court for the Southern District of Ohio. Report at 2007 WL 927929. Concluded in 2007.
Collier et al v. Coca-Cola Enterprises – Coordinating counsel for defendant in employment class claims in US District Court for the Northern District of Illinois and in EEOC. Concluded in 2005.
McAfee et al v. Coca-Cola Enterprises - Coordinating counsel for defendant in employment class claims in US District Court for Northern District of Texas. Concluded in 2005.
Ewing et al v. Coca-Cola Enterprises - Coordinating counsel for defendant in employment class claims in US District Court for Southern District of New York. Report at 2001 WL 767070. Concluded in 2001.
Appleton et al v. Deloitte & Touche – Lead counsel for defendant in employment class claims in Middle District of Tennessee. Report at 168 F.R.D. 221 (M.D. Tenn. 1996). Concluded in 1996.
ERISA
Reynolds v. Mass Casualty Ins. Co. – Lead counsel for defendant in ERISA controlled disability benefits claim under continuation coverage claim. Report at 113 F. 3rd 1450 (6th Cir. 1997) and 900 F. Supp 915 (E.D. Tenn. 1995). Concluded in 1997.
First Amendment
Claybrooks et al v. American Broadcasting Company - Counsel for defendant in class claims in Middle District of Tennessee. Report at 898 F. Supp. 2nd 986 (M.D. Tenn. 2012). Concluded in 2012.
Insurance Coverage
Sulphuric Acid Trading Co., Inc. v. Greenwich Ins. Co. – Lead counsel for defendant in insurance coverage claim in Tennessee Court of Appeals, Eastern Section. Report at 211 S.W. 3rd 243 (Tenn. App. 2006).
Insurance Agency
Lawhorn & Associates v. Patriot General Ins. Co. – Lead counsel for defendant in wrongful termination of agency claim in US District Court for Eastern District of Tennessee. Report at 917 F. Supp. 538 (E.D. Tenn. 1996).
Limited Partnerships
Santiago Limited et al v. McIntyre et al – Lead counsel for 100+ limited partners in claims arising out of limited partnership formed to mine coal property in U.S. District Court for Eastern District of Tennessee and Circuit Court for Bledsoe County, Tennessee. Concluded in 1993.
Malicious Prosecution
Yant v. Arrow Exterminators, Inc. – Lead counsel for defendant in malicious prosecution case after grand jury declined to indict in Circuit Court for Davidson County, Tennessee, and Tennessee Court of Appeals for Middle Section. Report at 1999 WL 43239 (Tenn. App. 1999). Concluded in 1999.
Real Estate
Austin et al v. Greene et al – Lead counsel for plaintiffs in class claim involving land transactions in US District Court for the Eastern District of Tennessee. Concluded in 2012.
Products Liability
Hurt v. Liquid Air Corporation et al - Lead counsel for defendant Liquid Air in products liability litigation in US District Court for the Western District of Tennessee and Sixth Circuit Court of Appeals. Report at 956 F. 2nd 1319 (6th Cir. 1992)
Securities
Ezell et al v. Sun Life Financial – Lead counsel for defendant in 60+-plaintiff securities litigation filed in Circuit Court for Davidson County Tennessee, Circuit Court for Mecklenburg County, North Carolina, District Court for Washington County, Texas – Concluded 2013.
Schram v. Dean Witter – Lead counsel for claimant in securities arbitration before American Arbitration Association. Concluded 1994.
Trademark
Sears Roebuck & Co. v. Sears PLC et al – Lead counsel for defendants in trademark litigation in US District Court for the Eastern District of Tennessee, the US District Court for the District of Delaware, the US District Court for the Eastern District of Wisconsin and the US Seventh Circuit Court of Appeals with parallel proceedings in the High Court of Justice (Chancery Division) in London, UK Reports at 744 F. Supp 197 and 752 F. Supp. 1223 (USDC Del. 1990).
Trespass
CELLCO dba Verizon Wireless v. Shelby County, Tennessee et al – Lead counsel for Verizon in trespass claim for use of utility easement in Shelby County, Tennessee Circuit Court and Tennessee Court of Appeals for Eastern Section. Reported at 172 SW 3rd 574 (Tenn. App. 2005).
Choates Heating & Air v. MLGW, Verizon et al – Lead counsel for defendant Verizon in Fifth and Fourteenth Amendment case in Western District of Tennessee and U.S. Sixth Circuit Court of Appeals. Report at 16 Fed. App. 323 (6th Cir. 2001).
Wage & Hour
Evans et al v. BCI Coca Cola – Coordinating counsel in collective actions under California law. Concluded 2001.