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Donald Capparella
Donald Capparella is considered by his peers as one of the foremost appellate lawyers in Tennessee. He has prevailed in appeals against two of the largest companies in the world, Exxon and Amazon, and has worked on many landmark cases involving diverse areas of law, in both the Tennessee Supreme Court and the United States Court of Appeals for the Sixth Circuit. Many lawyers rely on Donald Capparella not just at the appellate stage, but also in pre-trial and post-trial motion practice, and as appellate counsel during trial.
With over thirty years of experience in trial and appellate litigation, Donald has handled more than 400 appeals in state and federal courts, including 25 cases in the Tennessee Supreme Court. Now focusing his practice primarily on appellate work and trial consulting, Mr. Capparella uses experience gained from serving as trial counsel in over 150 trials, many of them before a jury, to advise lawyers on the challenges they face at trial and to achieve the best possible outcomes at the appellate level.
Donald Capparella has established a reputation as one of Tennessee’s most respected litigators, with his experience handling a wide variety of matters, from seminal tort law cases to over 50 divorce appeals to his work on many of Tennessee’s landmark cases.
Notable Cases
United States Court of Appeals, Sixth Circuit (Representative):
Fox et al. v. Amazon.com, Inc., 930 F.3d 415 (6th Cir. 2019) - Lead Appellate Counsel - Tort Law
Holding for the first time in history that Amazon could be held liable for a product sold on its website, an exploding hoverboard, when it knew of the danger the product posed
Monypeny v. Khiev, 2015 WL 1541333 (Tenn. Ct. App. 2015) - Lead Trial and Appellate Counsel - Tort Law
Obtaining one of the largest jury verdicts in Tennessee that year, in a car accident case in Memphis. Upheld on appeal.
Exxon Mobil Corp. v. Fenelon, 76 F. Appx. 581 (6th Cir. 2003) - Trial and Appellate Counsel - Commercial Law
Affirming and increasing the trial court’s multi-million dollar verdict on appeal against Exxon for a Nashville plastic company.
Tennessee Supreme Court (Representative):
Binns v. Trader Joe's East, Inc., 690 S.W. 3d 241 (Tenn. 2024) - Lead Counsel
Landmark case rejecting the adoption of the Preemption Doctrine, which would have allowed employers to shield themselves from their own liability in negligence cases via vicarious liability.
Yebuah v. Center for Urological Treatment, PLC, 627 S.W. 3d 125 (Tenn. 2021) - Amicus Counsel - Tort Law
Regarding the constitutionality of Tennessee’s damages cap for non-economic damages.
Coffman v. Armstrong International, Inc., 615 S.W. 3d 888 (Tenn. 2021)
McClay v. Airport Management Services, LLC, 596 S.W. 3d 686 (Tenn. 2020) - Amicus Counsel - Tort Law
Regarding the constitutionality of Tennessee’s damages cap for non-economic damages
StarLink Logistics Inc. v. ACC, LLC, 494 S.W. 3d 659 (Tenn. 2016)
In re Estate of Smallman, 398 S.W. 3d 134 (Tenn. 2013)
Securing new trial regarding widow’s right to pursue benefits of husband’s estate
Mayfield v. Mayfield, 395 S.W.3d 108 (Tenn. 2012) - Divorce
Reversing an award of alimony to an abusive, at-fault spouse
Morrison v. Allen, 338 S.W.3d 417 (Tenn. 2011). - Trial and Appellate Counsel - Life Insurance Action
Landmark case securing a multi-million-dollar award for a widow and child who were wrongly denied insurance proceeds.
Martin v. Norfolk Southern Ry. Co., 271 S.W. 3d 76 (Tenn. 2008)
Landmark case clarifying summary judgment jurisprudence
Downs ex rel. Downs v. Bush, 263 S.W. 3d 812 (Tenn. 2008)
Jordan v. Baptist Three River Hospital, 984 S.W.2d 593 (Tenn. 1999) - Amicus Counsel - Tort Law
Landmark case allowing loss of consortium damages and dramatically increasing the damages available in wrongful death actions.
Coln v. City of Savannah, 966 S.W.2d 34 (Tenn. 1998) - Amicus Counsel - Tort Law
Landmark case modernizing the law of premises liability in Tennessee by abolishing the Open and Obvious Rule
McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992) - Amicus Counsel - Tort Law
Landmark case replacing contributory negligence with comparative fault in Tennessee
Tennessee Court of Appeals (Representative):
Gergel v. Gergel, 2022 WL 1222945, (Tenn. Ct. App. 2022) - Divorce
Upholding the Trial Court’s rulings on alimony, division of marital assets, and other issues
Walker v. Walker, 2020 WL 507645 (Tenn. Ct. App. 2020) - Divorce
Upholding the Trial Court’s setting aside of a prenuptial agreement on the basis of fraud
Butler v. KBK Outdoor Advertising et al., 2020 WL 8026513 (Tenn. Ct. App. 2020) - Commercial
Reversing the Trial Court’s decision to award minimal value to a surviving spouse of a partner under the partnership agreement
Barnes v. Barnes, 614 S.W.3d 90 (Tenn. Ct. App. 2019) - Divorce
Reversing the Trial Court’s reduction of alimony, and obtaining substantial attorney fees on appeal and at trial
Trezevant v. Trezevant, 568 S.W.3d 595, (Tenn. Ct. App. 2018) - Divorce
Reversing an inequitable division of a more than $46 million marital estate
Westmoreland v. Bacon, (Tenn. Ct. App. 2013) - Medical Malpractice
Successful Supreme Court Application for Permission to Appeal resulting in remand and preservation of medical malpractice claim
Jacobsen v. Jacobsen, 2013 WL 1400618 (Tenn. Ct. App. 2013) - Divorce
Reversing the Trial Court’s award of custody and the marital home to an abusive spouse
Professional Memberships:
Fellow in the American Academy of Appellate Lawyers (inducted 2016);
Nashville Bar Association;
Tennessee Bar Association;
Tennessee Trial Lawyers’ Association;
Appellate Practice Committee Chair of the Tennessee and Nashville Bar Associations;
Barrister in the Nashville Chapter Harry Phillips American Inn of Court.
Named a Mid-South Super Lawyer.
AV® Peer Review Rating from Martindale-Hubbell.
Awards and Honors:
Appellate “Lawyer of the Year” - 2018, 2015, 2014 - Best Lawyers;
“Best of the Bar” - Nashville Business Journal - 2024, 2023, 2018, 2016
Top 100 Trial Lawyer - The National Trial Lawyers - 2012 and 2013
"150 Best Lawyers” - Business TN Magazine
Mid-South Super Lawyer
Certificate of Appreciation - Legal Services Corporation - 2007
Resolution recognizing Donald Capparella as Founder and Board Chairman of the Nashville Shakespeare Festival - Council of the Metropolitan Government of Nashville and Davidson County, Tennessee - 2006
Certificate of Appreciation - Governor Phil Bredesen, State of Tennessee - 2006
Certificate of Appreciation - Extraordinary Service, Leadership, and Dedication - Nashville Bar Association -1995
As a writer and teacher, Mr. Capparella accomplishments include:
Serving for over 25 years as the editor and contributing author for the Nashville Bar Association’s Appellate Practice Handbook, the only appellate treatise in Tennessee;
Since 1995, co-authoring the Tennessee Law of Comparative Fault, published by Thomson Reuters;
For 25 years serving as an editor for the Tennessee Tort Law Letter, a monthly report of leading tort cases published by M. Lee Smith Publishers.
Teaching legal writing at Vanderbilt University School of Law and advanced legal writing and appellate practice at the Nashville School of Law.
Frequently in demand as a speaker, Mr. Capparella regularly leads continuing legal education seminars for organizations such as the Nashville and Tennessee Bar Associations. His popular “Much Ado About Ethics” seminar combines Shakespeare’s timeless works with modern legal dilemmas, with proceeds benefitting the Nashville Shakespeare Festival. A passionate supporter of the arts, Mr. Capparella founded the Nashville Shakespeare Festival in 1988 and has remained actively involved as a director, actor, fundraiser and board chairman. The Festival provides professional theatre to more than 10,000 Tennesseans annually through its critically-acclaimed Summer Shakespeare Festival at OneCity and other productions and tours during the year.
Recognition and Awards
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