Appellate Practice Insurance Law Personal Injury Litigation - Plaintiffs
Donald Capparella
Recognized in Best Lawyers since 2013 Awarded Practice Areas
Biography
With over thirty years of experience in trial and appellate litigation, Donald has handled more than 400 appeals in state and federal courts, including over 20 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.
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.
Overview
- The University of North Carolina at Chapel Hill, J.D., graduated 1985
- Tennessee, Tennessee
- Nashville Chapter Harry Phillips American Inn of Court - Barrister
- Tennessee Bar Association - Appellate Practice Committee Chair
- Nashville Bar Association - Appellate Practice Committee Chair
- American Academy of Appellate Lawyers - Fellow
- Nashville Shakespeare Festival - Founder and Board Member
- Tennessee, Tennessee
- Nashville Chapter Harry Phillips American Inn of Court - Barrister
- Tennessee Bar Association - Appellate Practice Committee Chair
- Nashville Bar Association - Appellate Practice Committee Chair
- American Academy of Appellate Lawyers - Fellow
- Nashville Shakespeare Festival - Founder and Board Member
- The University of North Carolina at Chapel Hill, J.D., graduated 1985
Client Testimonials
Awards & Focus
Named "Lawyer of the Year" by Best Lawyers® for:
- Personal Injury Litigation - Plaintiffs, Nashville (2020)
- Appellate Practice, Nashville (2018)
- Insurance Law, Nashville (2017)
- Appellate Practice, Nashville (2016)
- Insurance Law, Nashville (2015)
- Appellate Practice, Nashville (2014)
Recognized in The Best Lawyers in America® 2026 for work in:
- Insurance Law
- Personal Injury Litigation - Plaintiffs
- Appellate Practice
Special Focus:
- Appellate Practice
- Trial Consulting
Awards:
AV® Peer Review Rating from Martindale-Hubbell
One of Business TN magazine’s “150 Best Lawyers”
- Nashville Business Journal "Best of the Bar" (Multiple Recognitions)
- Tennessee Bar Association Pro Bono Honor Roll
- Mid-South Superlawyer Listing (since 2009)
- Center for Nonprofit Management, Kraft CPA Nonprofit Board Member of the Year (2004)
News & Media
Case History
Cases
- Fox et al. v. Amazon.com, Inc., 930 F.3d 415 (6th Cir. 2019)
Served as lead appellate counsel. For the first time in history, the Court held that Amazon could be held liable for a product sold on its website, an exploding hoverboard, when it knew of the danger of the product.
- Morrison v. Allen, 338 S.W.3d 417 (Tenn. 2011)
In the Tennessee Supreme Court after also serving as trial counsel, Donald secured a multi-million-dollar award for a widow and child who were wrongly denied insurance proceeds.
- Monypeny v. Khiev, 2015 WL 1541333 (Tenn. Ct. App. 2015)
As lead trial and appellate counsel in a car accident case in Memphis, Donald obtained one of the largest jury verdicts in Tennessee that year, which was upheld on appeal.
- Mayfield v. Mayfield, 395 S.W.3d 108 (Tenn. 2012)
Supreme Court reversed an award of alimony to an abusive spouse
- Trezevant v. Trezevant, 568 S.W.3d 595, (Tenn. Ct. App. 2018)
Reversal of an inequitable division of a more than $46 million marital estate
- Barnes v. Barnes, 614 S.W.3d 90 (Tenn. Ct. App. 2019)
Reversal of a trial court’s reduction of alimony, and obtained substantial attorney’s fees on appeal and at trial
- Gergel v. Gergel, 2022 WL 1222945, (Tenn. Ct. App. April 26, 2022)
The Court of Appeals upheld the trial court’s rulings on alimony, division of marital assets and other issues.
- Jacobsen v. Jacobsen, 2013 WL 1400618 (Tenn. Ct. App. April 5, 2013)
Reversal of the trial court’s award of custody and the marital home to an abusive spouse
- Walker v. Walker, 2020 WL 507645 (Tenn. Ct. App. Jan. 31, 2020)
The Court of Appeals upheld the trial court’s setting aside of prenuptial agreement on the basis of fraud.
- Butler v. KBK Outdoor Advertising et al., 2020 WL 8026513 (Tenn. Ct. App. 2020)
Reversal of the trial court’s decision to award minimal value to a surviving spouse of a partner under partnership agreement.
- McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992)
Serving as Amicus counsel, this case brought comparative fault to Tennessee.
- Jordan v. Baptist Three River Hospital, 984 S.W.2d 593 (Tenn. 1999)
Serving as Amicus counsel this case dramatically increased the damages available in wrongful death actions.
- Coln v. City of Savannah, 966 S.W.2d 34 (Tenn. 1998)
Serving as Amicus Counsel in this case, modernizing the law of premises liability in Tennessee.
- Yebuah v. Center for Urological Treatment, PLC, 624 SW 3d 481 (Tenn. 2021)
Tennessee Supreme Court case regarding the constitutionality of Tennessee’s damages cap for non-economic damages
- McClay v. Airport Management Services, LLC, 596 SW 3d 686 (Tenn. 2020)
Tennessee Supreme Court case regarding the constitutionality of Tennessee’s damages cap for non-economic damages.
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