Joseph E. Horowitz
Of Counsel
901-576-1758
PROFESSIONAL EXPERIENCE
Joseph Horowitz concentrates his practice in the area of civil litigation. Mr. Horowitz has represented business owners and individuals in the trial courts, appellate courts, at binding arbitrations and mediations. He has over 30 reported appellate decisions and has tried and arbitrated numerous cases to verdict. Mr. Horowitz has experience in drafting wills, forming trusts, planning estates, and assisting clients through the probate process. He has litigated numerous trust disputes and will contests to successful resolution.
He has significant experience in litigating insurance coverage disputes, representing insurance carriers and insureds in complex coverage claims. He has litigated bad faith claims and declaratory relief actions brought against insurers, and on behalf of insureds, in federal and state courts. He is proficient in a wide variety of insurance matters, including coverage issues related to general liability, employment practices, errors and omissions as well as claims involving interpretation of excess and umbrella policies.
Mr. Horowitz has successfully handled personal injury cases and collected over $330,000 for his clients in 2022 alone. He has also litigated consumer protection cases in the trial courts and in arbitrations against companies alleged to have used unfair or deceptive business practices under the Fair Debt Collection Practice Act and Fair Credit Billing Act.
He is admitted to practice in Tennessee and New York.
He joined Glankler Brown in February 2022. Previously, he had worked for five years at a Memphis-area firm representing plaintiffs and defendants in a wide variety of civil matters. From 2007 until 2017, he was an in-house attorney at AIG Insurance in New York, New York where his practice focused on insurance coverage, appeals and insurance defense.
EDUCATION
- Yeshiva University, magna cum laude, B.A., 1998
- University of Maryland School of Law, J.D., 2002
ADMITTED TO PRACTICE
- Tennessee (2017)
- New York (2004)
- United States District Court for the Western District of Tennessee
- United States District Court for the Southern District of New York
- United States Court of Appeals for the Second Circuit
- United States Court of Appeals for the Eighth Circuit
REPRESENTATIVE MATTERS
- Tennessee Farmers Mut. Ins. v. Newman, Docket No. 7072 (Tipton Co., TN 2021) – Represented defendant/insured driver. Secured denial of carrier’s motion for summary judgment in declaratory judgment. Novel issue of coverage under a farm-owner’s policy where trailer being transported on highway detached, causing significant injuries to plaintiff in underlying tort action. Court found that the term “utility trailer” was ambiguous. Carrier tendered policy limits after ruling.
- Fifer v. Seneca Specialty Ins. Co., Docket No. CH-17-1211 (Chancery Court, Shelby Co., TN, 2019) – Represented wrongful death claimant in declaratory judgment action, securing policy limits. Defeated carrier’s summary judgment motion, successfully argued that “weapons exclusion” relied on by carrier was inapplicable and its disclaimer was untimely.
- Justice Network v. Craighead Co., 931 F.3d 753 (8th Cir. 2019) – Represented probation services provider in trial court and appeals court in connection with § 1983 claim. Constitutional issues of Contracts Clause and Takings Clause litigated.
- D.H. v. Umansky AOM, LLC, American Arbitration Assoc. Case No. 1-18-1-446 (Arbitrator Hon. Janice Holder, 2019) – Represented employer in three-day arbitration before former Chief Justice of Tennessee Supreme Court, Plaintiff alleged hostile work environment, gender discrimination and retaliation. Following a three-day hearing with multiple witnesses, arbitrator ruled in favor of employer, finding that Plaintiff failed to prove her claims.
- Thompson v. East Coast 6, LLC, 153 A.D.3d 1296 (N.Y. App. Div. 2nd Dept. 2017) – Represented defendant developer in post-trial appeal. Reviewing court affirms defense verdict, finding jury’s resolution was based on a fair interpretation of the evidence.
- Gunzburg v. Quality Building Services, Corp., 137 A.D.3d 424 (N.Y. App. Div. 1st Dept. 2016) –Plaintiff suffered injuries after slipping on rainwater gathered near an internal escalator in the Time Warner Mall in New York City. Represented the owner of the mall on this appeal. The lower court dismissed the complaint but found that the owner was not entitled to indemnity from the cleaning contractor, a co-defendant. Appeals court affirmed the dismissal of the complaint and reversed the ruling on indemnity, finding that the owner was entitled to contractual indemnity from the cleaning contractor.
- Ahrorgulova v. Dr. Melinda Sue Mann, 144 A.D.3d 953 (N.Y. App. Div. 2nd Dept. 2016) – Represented physician’s assistant in medical malpractice matter where plaintiff sustained significant injuries. Appeals court finds relation back doctrine inapplicable, reverses lower court ruling and dismisses complaint as against the client.
- Harris v. NYU Langone Med. Ctr., 615 Fed.Appx. 49 (2nd Cir. 2015) – Secured dismissal of discrimination and retaliation claims by employer against doctor.
- Torres v. Sander’s Furniture, 134 A.D.3d 803 (N.Y. App. Div. 2nd Dept. 2015) – Appeals court affirmed dismissal of complaint. Plaintiff, who tripped over a sidewalk defect, sued the client –a tenant who leased the premises where the accident occurred. Appellate brief demonstrated that the tenant was not responsible for the condition causing the accident.
- Francis v. Plaza Construction Corp., 121 A.D.3d 427 (N.Y. App. Div. 1st Dept. 2014) – Appellate court reverses lower court ruling, holding that the client (a general contractor) did not create the accident-causing condition. General contractor entitled to dismissal as well as unconditional contractual indemnification from a subcontractor. Plaintiff sustained career-ending injuries and the case was valued at over $4 million.
- National Union Fire Insurance Co. v. 221-223 West 82 Owners Corp., 120 A.D.3d 1140 (N.Y. App. Div. 1st Dept. 2014) – Represented insurer in a declaratory judgment action in both trial court and appeals court. Secured reversal of lower court order. As a result of appellate victory, the employer’s liability insurer was absolved from defending or indemnifying its insured in an underlying bodily injury action.
- Vargas v. Scalamandre, Inc., 105 A.D.3d 454 (N.Y. App. Div. 1st Dept. 2013) – Appeals court reverses order of the lower court, finding that the client (a concrete contractor) did not create the condition causing plaintiff’s accident. Plaintiff, a construction site laborer, underwent career-ending back surgeries. The case was tried against the remaining defendants and the jury returned a $10.6 million verdict.
- Schiavone v. Bayside Fuel Oil Depot, Inc., 94 A.D.3d 970 (N.Y. App. Div. 2nd Dept. 2012) – Plaintiff tripped and fell on gravel in a parking lot owned by the client. Affirming the dismissal order of the lower court, the reviewing court finds that the gravel condition complained of was open, obvious and not inherently dangerous.
- Dos Santos v. Power Authority, 85 A.D.3d 718 (N.Y. App. Div. 2nd Dept. 2011) – The client performed maintenance work on a revolving door. Several weeks later, the door collapsed, injuring plaintiff. The lower court ruled that the owner was entitled to contractual indemnity from the client. The appeals court reversed, holding that the injury did not “arise out of” the client’s performance of its obligations under the contract.
SPEAKING ENGAGEMENTS
- Risk transfer – Declaratory Judgment actions and multiple insured entities
- Current litigation trends & evolving topics for insurance industry professionals
- Economic Damages in New York Tort Cases – Best Practices for Defense Counsel
- Independent Medical Examinations
- Contract & Tort – When agreements impose liability for negligence
- E-Discovery Overview
- Judicial review of pain & suffering awards – How much is sustainable?
- Spoliation of evidence and litigation holds
Email
vCard
