John Floyd, Sr. Office: Nashville Direct: (615) 369-3304 jfloyd@wickersmith.com Practice Areas: Admitted to Practice:
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John Floyd Sr.John Floyd Sr. John Floyd, Sr., is the managing partner of Wicker Smith’s Nashville office, where he oversees day-to-day operations in addition to his full-time trial practice. He joined the firm in 2019. John has been a trial lawyer since 1990, but to hear him tell it, he has really been a trial lawyer since childhood. A first-generation lawyer, John borrowed a library book about how to take the bar exam when he was in sixth grade, and the book remains on his shelf to this day. In his more than thirty years of practice, John has tried over 100 jury trials to verdict. He is experienced in a variety of practice areas, including medical malpractice and disability matters, professional licensure defense, and construction defect disputes. He also regularly handles business and corporate litigation that includes partnership dissolutions, intellectual property disputes, and Lanham Act violations. He has represented a number of well-known corporations over the years, including a significant case in which he represented Fox Broadcasting, which was named as a co-defendant in an intellectual property dispute filed by Cracker Barrel Old Country Store arising out of the NASCAR Atlanta 500 race. John is a Fellow of the American College of Trial Lawyers, Board Certified in Medical Malpractice by the American Board of Professional Liability, and a Certified Civil Trial Specialist with the National Board of Trial Advocacy. He frequently represents emergency room doctors, chiropractors, podiatrists, optometrists, family care doctors, physical therapists, and other medical specialists, and serves as national counsel for several medical malpractice carriers. Admitted to practice pro hac vice in eighteen states, John is frequently called in on short notice to assist on cases that involve catastrophic injury and high potential damages, due to his talent for developing unique defenses and case themes that may not have been obvious at the outset of a case. Regardless of the practice area, John’s approach to each matter is the same. He puts his clients first, and endeavors to craft a case strategy in line with their desired outcome. Whether a case should be resolved early or tried to verdict, John works with his clients the entire time to keep them informed and make sure they are satisfied with the end result. In addition to his trial practice, John has lectured extensively to various healthcare providers, attorneys, and claims specialists on a variety of subjects including trial strategies, claims avoidance, file handling, and traumatic brain injury litigation. A true lover of the law, John can be found in the office nearly seven days a week; but when he does take time off, he enjoys traveling with his wife, Caroline, and spending time with their family.
Professional & Civic Affiliations
April 2022: “Preventing Chiropractic Malpractice Claims: A Proactive Approach”. Presented at the 2022 Mid-South Spine Symposium Germantown, TN. October 2021: “Defending the Chiropractic Physician: Trial Strategies”. Presented at the 2021 Summit Wisconsin Chiropractic Society, Dells, WI. July 2021: “Defending Sexual Battery Claims in #MeToo Era: Outside the Box Strategies” Presented at the 2021 DRI Medical Professional Liability Seminar Las Vegas, NV. Co-Presenter with Mandi Karvis, Esq. September 2020: “Defending the Chiropractic Physician at Trial: Stroke Cases” Presented at the 2020 American Chiropractic Association Annual Student Leadership Conference. October 2019: “Defending the Chiropractic Physician: Stroke Cases & More” Presented at the 2019 Summit Wisconsin Chiropractic Society, Dells, WI. June 2019: “Defending the Chiropractic Physician at Trial: Stroke Cases” Presented at the Texas Chiropractic Annual Convention. Dallas, Texas. April 2019: “Defending the Chiropractic Physician: An Introspective Analysis” Presented to the OUM claims committee and claims staff. Franklin, Tennessee. December 2018: “Defending the Chiropractic Physician at Trial: Stroke Cases” Presented at the Winter Conference of the Tennessee Chiropractic Association. Nashville, Tennessee. June 2018: “Association v. Causation and Utilization of Science at Trial to Explain the Difference” Presented at the Annual Conference of the Canadian Chiropractic Protective Association. Toronto, Canada May 2018: “Defending the Chiropractic Physician: Stroke Cases” Presented at the Annual Conference of The National Board of Chiropractic Examiners. Dallas, TX April 2018: “Defending the Chiropractic Physician: Beginning to End” Presented at the 2018 Idaho Chiropractic Annual Meeting. Boise, Idaho January 2018: “Stroke: Defending the Dissection Case” Presented at the 2018 Annual Kentucky Chiropractic Association Conference. Louisville, KY August 2017: “Defending the Chiropractic Physician: Beginning to End” Presented at the 2017 Southern Chiropractic Conference. Franklin, TN. July 2017: “Medical Errors – The Patient’s View”. Presented at the 2017 American Podiatric Medical Association Conference. Nashville, TN. March 1, 2017: “Defense Strategies in the Chiropractic Malpractice Case” Presented at the OUM Semi-Annual Defense Counsel Meeting. Las Vegas, Nevada September 10, 2016: “Trying the Chiropractic Malpractice Case: Actual Trial Testimony & Strategy Explained and Demonstrated” Presented to the OUM Claims Committee and Underwriting. Franklin, TN August 2016: “Don’t Let Record Keeping Become the Revenant of Your Practice: Actual Trial Video” Presented at The National FCA Convention. Orlando, Florida. February 10, 2016: “Recent Trends in Chiropractic Malpractice and Office Procedure” Presented via webinar September 2015: “Getting Committed to the Defense & the Client” Presented at the 2015 NCMIC Defense Counsel Seminar Scottsdale, Arizona. August 2015: “Avoiding Chiropractic Malpractice Claims & Defending Cerebrovascular Dissection Cases” Presented to the Tennessee Chiropractic Association at its Annual Meeting Nashville, TN. May 2015: “The Chiropractic Profession & Defense Strategies” Presented over two days to OUM personnel and claims specialist. Franklin, TN March 2015: “What is Chiropractic Malpractice & How Do You Avoid a Claim” Presented via webinar to Airrosti Rehab Center Providers. March 2015: “Representing the Chiropractic Physician” Presented to the OUM Defense Counsel Panel at the DRI Annual Meeting San Francisco, CA. January 2015: “Avoiding Chiropractic Malpractice Claims” Presented to the Kentucky Chiropractic Association Annual Meeting Louisville, KY. September 2014: “Bring Your Own Device: Technology in Practice” Presented to the Tennessee Podiatric Medical Association at its Annual Meeting, Brentwood, Tennessee. August 2014: “Appropriate Investigation: Process and Documentation” Presented to Risk Managers at Haven Behavioral Healthcare, Nashville, TN. June 2014: “Avoiding Malpractice Claims: A Proactive Approach” Presented at the Logan College of Chiropractic Midwest Conference in St. Louis, Missouri October 2012: “Risk Management Seminar on Avoiding Malpractice Claims” Presented to the Tennessee Podiatric Medical Association at its Annual Meeting, Brentwood, Tennessee. January 2010: “Management of Your Practice and Avoiding Malpractice” Presented to the New York American Podiatric Medical Association, at the NY Podiatric Annual Clinical Conference. April 2009: “Avoiding Malpractice Claims: A Proactive Approach to your Medical Practice” Presented at Rosland Franklin University, Chicago, Il. April 2009: “Malpractice & Guidance, A Lawyers Perspective” Presented at the American Podiatric Medical Associate Midwest Podiatry Conference in Chicago, Il. April 2008, “Risk Management Seminar – Avoiding Malpractice Claims” Presented at the American College of Foot and Ankle Surgeons meeting in Nashville, Tennessee. September 2007, “Avoiding Malpractice Claims: A Pro-Active Approach” Presented to the graduate students at Rosland Franklin University, Chicago, Illinois September 2007, “Avoiding Malpractice Claims & Informed Consent” Presented to the Tennessee Chiropractic Association Annual Meeting, Nashville, Tennessee January 2007, “Avoiding Malpractice Claims Through a Pro-Active Practice Management Approach” Presented at the American Podiatric Medical Association, Philadelphia, Pennsylvania September 2005, “Risk Management Seminar – Avoiding Malpractice Claims”, Presented to the American College of Foot and Ankle Surgeons. Nashville, Tennessee March 2005, “Marketing Strategies For Young Lawyers” Presented at the Defense Research Institute’s Professional Liability meeting in San Diego, California April 2004, “Strategies for Voir Dire in the Defense of Chiropractic Physicians” Presented at the OUM/PICA Annual Defense Counsel Seminar. Nashville, Tennessee October 2004, “The Uncooperative or Unsavory Defendant” Presented at the NCMIC Annual Defense Counsel Seminar in Las Vegas, Nevada March 2002, “Defending Infusion Based Pharmacy in Complex Litigation” Presented at the Defense Research Institute’s Professional Liability meeting in San Francisco, California. October 19, 2002, “Forms of Communication & Avoiding Malpractice Claims” Presented at the American Podiatric Medical Association, Region I, Danvers, MA June 29, 2002, “Risk Management – Avoiding Malpractice Claims” Presented at the Podiatry Institute Annual Seminar in Hilton Head, South Carolina Presiding Judge, The Southern Regional American Trial Lawyers Association Law Student Mock Trial Competition, Nashville, Tennessee March 2000 & March 2001 February 2001, “The Challenges of Representing Allied Health Care Professionals” Presented at the Defense Research Institute’s Professional Liability meeting in San Diego, California 2000 ITRA Expo, Mock Trial Demonstration of Tire Failure Case, Opryland Hotel Convention Center, Nashville, Tennessee. The International Tire & Rubber Association, Inc. April 2000, “The Podiatric Malpractice Defense” Presented to the APMA, student section, Scholl College of Podiatric Medicine, Chicago, Illinois February 1997 – 2005, Annual Seminar, “The Podiatric Malpractice Case & Claim Avoidance” Presented to the APMA Student Section, Brentwood, Tennessee Nashville Bar Association Seminar, “Medical Malpractice in Tennessee: Author/Speaker Recent Developments and Courtroom Strategies” October 28, 1997 February 1997, “Avoiding the Podiatric Malpractice Action” Presented at the Podiatry Institute Annual Seminar, Snowbird, Utah December 1996, “Medical Malpractice in Tennessee” Presented to CNA Insurance Company, Tampa, Florida April 1995, “Missed X-Rays in the Emergency Room – Medicolegal Issues” Presented at Sterling Healthcare Group Emergency Medicine Seminar, Nashville, Tennessee PublicationsFloyd, J. “The Malpractice Case: The Best Defense is a Good Offense”, APMA News, June 2014. Floyd, J. “Standard of Care: The Elusive Concept”, Footlights, Winter 2014. Floyd, J. “Failures in the First Years of Practice: It’s About “Time””, Young Members’ Exchange, APMA, 2004, vol. 7, no. 3. Floyd, J. Medical Malpractice in Tennessee, 1998, Todd & Floyd, PLC Floyd, J. Avoiding The Podiatric Malpractice Action, 1997, Manier, Herod, Hollabaugh & Smith. Floyd, J. Medical Malpractice in Tennessee, 1996 & 1997, Manier, Herod, Hollabaugh & Smith. Floyd, J. “Show Me The Money and The Contract!”, OUM Chiropractic Program News, 1997, vol. 10, 4. Legal. Contributor: A Practical Guide to Tennessee Construction Law, 2nd Edition, 1991 & 3rd Edition 1997, Manier, Herod, Hollabaugh & Smith. Floyd, J. “The Malpractice Case: How Does the Podiatrist Defend?”, Footlights, 1997, vol. 1, Legal. Floyd, J. “Reducing Medical Malpractice Claims Through Community Involvement”, Footlights, 1996, vol. 4, Legal. |
John Floyd Sr. - Partner
- Profile
- Practice Areas
- Professional Credentials
- Perspectives
Profile
John Floyd, Sr., is the managing partner of Wicker Smith’s Nashville office, where he oversees day-to-day operations in addition to his full-time trial practice. He joined the firm in 2019.
John has been a trial lawyer since 1990, but to hear him tell it, he has really been a trial lawyer since childhood. A first-generation lawyer, John borrowed a library book about how to take the bar exam when he was in sixth grade, and the book remains on his shelf to this day.
In his more than thirty years of practice, John has tried over 100 jury trials to verdict. He is experienced in a variety of practice areas, including medical malpractice and disability matters, professional licensure defense, and construction defect disputes. He also regularly handles business and corporate litigation that includes partnership dissolutions, intellectual property disputes, and Lanham Act violations. He has represented a number of well-known corporations over the years, including a significant case in which he represented Fox Broadcasting, which was named as a co-defendant in an intellectual property dispute filed by Cracker Barrel Old Country Store arising out of the NASCAR Atlanta 500 race.
John is a Fellow of the American College of Trial Lawyers, Board Certified in Medical Malpractice by the American Board of Professional Liability, and a Certified Civil Trial Specialist with the National Board of Trial Advocacy. He frequently represents emergency room doctors, chiropractors, podiatrists, optometrists, family care doctors, physical therapists, and other medical specialists, and serves as national counsel for several medical malpractice carriers. Admitted to practice pro hac vice in eighteen states, John is frequently called in on short notice to assist on cases that involve catastrophic injury and high potential damages, due to his talent for developing unique defenses and case themes that may not have been obvious at the outset of a case.
Regardless of the practice area, John’s approach to each matter is the same. He puts his clients first, and endeavors to craft a case strategy in line with their desired outcome. Whether a case should be resolved early or tried to verdict, John works with his clients the entire time to keep them informed and make sure they are satisfied with the end result.
In addition to his trial practice, John has lectured extensively to various healthcare providers, attorneys, and claims specialists on a variety of subjects including trial strategies, claims avoidance, file handling, and traumatic brain injury litigation.
A true lover of the law, John can be found in the office nearly seven days a week; but when he does take time off, he enjoys traveling with his wife, Caroline, and spending time with their family.
vCard
Credentials
Education
- University of Tennessee (J.D., 1990)
Professional Credentials
Admitted to Bar
- United States Supreme Court
- Supreme Court of Tennessee
- United States District Court for the Eastern, Middle and Western Districts of Tennessee
- United States Sixth Circuit Court of Appeals
- Department of Veterans Affairs
Honors
- Certified Medical Malpractice Specialist
- Certified Medical Professional Liability Specialist
- Certified Civil Trial Specialist
- The National Board of Civil Trial Advocacy
- The American Board of Professional Liability Attorneys
- AV® Preeminent™ rated attorney by Martindale-Hubbell
- Mid-South Super Lawyers: Business and Corporate Litigation (2006-present)
- Nashville Top 50 Lawyers Mid-South Super Lawyers (2015 – present)
- Certified Civil Pretrial Specialist (2012 – present)
- Nashville Post Publication Top 101 Lawyers: Litigation (2011 – present)
Professional Affiliations
- American College of Trial Lawyers
- American Bar Association
- Tennessee Bar Association
- Nashville Bar Association
- Tennessee Hearing Committee Member for Attorney Disciplinary Hearings
- Federation of Defense and Corporate Counsel (FDCC)
- International Association of Defense & Corporate Counsel (IADC)
- Professional Liability Defense Federation (PLDF)
- Claims & Litigation Management Alliance (CLM)
- Tennessee Defense Lawyers Association (TDLA)
- Defense Research Institute (DRI)
- Litigation Counsel of America – Senior Fellow
Speeches
April 2022: “Preventing Chiropractic Malpractice Claims: A Proactive Approach”. Presented at the 2022 Mid-South Spine Symposium Germantown, TN.
October 2021: “Defending the Chiropractic Physician: Trial Strategies”. Presented at the 2021 Summit Wisconsin Chiropractic Society, Dells, WI.
July 2021: “Defending Sexual Battery Claims in #MeToo Era: Outside the Box Strategies” Presented at the 2021 DRI Medical Professional Liability Seminar Las Vegas, NV. Co-Presenter with Mandi Karvis, Esq.
September 2020: “Defending the Chiropractic Physician at Trial: Stroke Cases” Presented at the 2020 American Chiropractic Association Annual Student Leadership Conference.
October 2019: “Defending the Chiropractic Physician: Stroke Cases & More” Presented at the 2019 Summit Wisconsin Chiropractic Society, Dells, WI.
June 2019: “Defending the Chiropractic Physician at Trial: Stroke Cases” Presented at the Texas Chiropractic Annual Convention. Dallas, Texas.
April 2019: “Defending the Chiropractic Physician: An Introspective Analysis” Presented to the OUM claims committee and claims staff. Franklin, Tennessee.
December 2018: “Defending the Chiropractic Physician at Trial: Stroke Cases” Presented at the Winter Conference of the Tennessee Chiropractic Association. Nashville, Tennessee.
June 2018: “Association v. Causation and Utilization of Science at Trial to Explain the Difference” Presented at the Annual Conference of the Canadian Chiropractic Protective Association. Toronto, Canada
May 2018: “Defending the Chiropractic Physician: Stroke Cases” Presented at the Annual Conference of The National Board of Chiropractic Examiners. Dallas, TX
April 2018: “Defending the Chiropractic Physician: Beginning to End” Presented at the 2018 Idaho Chiropractic Annual Meeting. Boise, Idaho
January 2018: “Stroke: Defending the Dissection Case” Presented at the 2018 Annual Kentucky Chiropractic Association Conference. Louisville, KY
August 2017: “Defending the Chiropractic Physician: Beginning to End” Presented at the 2017 Southern Chiropractic Conference. Franklin, TN.
July 2017: “Medical Errors – The Patient’s View”. Presented at the 2017 American Podiatric Medical Association Conference. Nashville, TN.
March 1, 2017: “Defense Strategies in the Chiropractic Malpractice Case” Presented at the OUM Semi-Annual Defense Counsel Meeting. Las Vegas, Nevada
September 10, 2016: “Trying the Chiropractic Malpractice Case: Actual Trial Testimony & Strategy Explained and Demonstrated” Presented to the OUM Claims Committee and Underwriting. Franklin, TN
August 2016: “Don’t Let Record Keeping Become the Revenant of Your Practice: Actual Trial Video” Presented at The National FCA Convention. Orlando, Florida.
February 10, 2016: “Recent Trends in Chiropractic Malpractice and Office Procedure” Presented via webinar
September 2015: “Getting Committed to the Defense & the Client” Presented at the 2015 NCMIC Defense Counsel Seminar Scottsdale, Arizona.
August 2015: “Avoiding Chiropractic Malpractice Claims & Defending Cerebrovascular Dissection Cases” Presented to the Tennessee Chiropractic Association at its Annual Meeting Nashville, TN.
May 2015: “The Chiropractic Profession & Defense Strategies” Presented over two days to OUM personnel and claims specialist. Franklin, TN
March 2015: “What is Chiropractic Malpractice & How Do You Avoid a Claim” Presented via webinar to Airrosti Rehab Center Providers.
March 2015: “Representing the Chiropractic Physician” Presented to the OUM Defense Counsel Panel at the DRI Annual Meeting San Francisco, CA.
January 2015: “Avoiding Chiropractic Malpractice Claims” Presented to the Kentucky Chiropractic Association Annual Meeting Louisville, KY.
September 2014: “Bring Your Own Device: Technology in Practice” Presented to the Tennessee Podiatric Medical Association at its Annual Meeting, Brentwood, Tennessee.
August 2014: “Appropriate Investigation: Process and Documentation” Presented to Risk Managers at Haven Behavioral Healthcare, Nashville, TN.
June 2014: “Avoiding Malpractice Claims: A Proactive Approach” Presented at the Logan College of Chiropractic Midwest Conference in St. Louis, Missouri
October 2012: “Risk Management Seminar on Avoiding Malpractice Claims” Presented to the Tennessee Podiatric Medical Association at its Annual Meeting, Brentwood, Tennessee.
January 2010: “Management of Your Practice and Avoiding Malpractice” Presented to the New York American Podiatric Medical Association, at the NY Podiatric Annual Clinical Conference.
April 2009: “Avoiding Malpractice Claims: A Proactive Approach to your Medical Practice” Presented at Rosland Franklin University, Chicago, Il.
April 2009: “Malpractice & Guidance, A Lawyers Perspective” Presented at the American Podiatric Medical Associate Midwest Podiatry Conference in Chicago, Il.
April 2008, “Risk Management Seminar – Avoiding Malpractice Claims” Presented at the American College of Foot and Ankle Surgeons meeting in Nashville, Tennessee.
September 2007, “Avoiding Malpractice Claims: A Pro-Active Approach” Presented to the graduate students at Rosland Franklin University, Chicago, Illinois
September 2007, “Avoiding Malpractice Claims & Informed Consent” Presented to the Tennessee Chiropractic Association Annual Meeting, Nashville, Tennessee
January 2007, “Avoiding Malpractice Claims Through a Pro-Active Practice Management Approach” Presented at the American Podiatric Medical Association, Philadelphia, Pennsylvania
September 2005, “Risk Management Seminar – Avoiding Malpractice Claims”, Presented to the American College of Foot and Ankle Surgeons. Nashville, Tennessee
March 2005, “Marketing Strategies For Young Lawyers” Presented at the Defense Research Institute’s Professional Liability meeting in San Diego, California
April 2004, “Strategies for Voir Dire in the Defense of Chiropractic Physicians” Presented at the OUM/PICA Annual Defense Counsel Seminar. Nashville, Tennessee
October 2004, “The Uncooperative or Unsavory Defendant” Presented at the NCMIC Annual Defense Counsel Seminar in Las Vegas, Nevada
March 2002, “Defending Infusion Based Pharmacy in Complex Litigation” Presented at the Defense Research Institute’s Professional Liability meeting in San Francisco, California.
October 19, 2002, “Forms of Communication & Avoiding Malpractice Claims” Presented at the American Podiatric Medical Association, Region I, Danvers, MA
June 29, 2002, “Risk Management – Avoiding Malpractice Claims” Presented at the Podiatry Institute Annual Seminar in Hilton Head, South Carolina
Presiding Judge, The Southern Regional American Trial Lawyers Association Law Student Mock Trial Competition, Nashville, Tennessee March 2000 & March 2001
February 2001, “The Challenges of Representing Allied Health Care Professionals” Presented at the Defense Research Institute’s Professional Liability meeting in San Diego, California
2000 ITRA Expo, Mock Trial Demonstration of Tire Failure Case, Opryland Hotel Convention Center, Nashville, Tennessee. The International Tire & Rubber Association, Inc.
April 2000, “The Podiatric Malpractice Defense” Presented to the APMA, student section, Scholl College of Podiatric Medicine, Chicago, Illinois
February 1997 – 2005, Annual Seminar, “The Podiatric Malpractice Case & Claim Avoidance” Presented to the APMA Student Section, Brentwood, Tennessee
Nashville Bar Association Seminar, “Medical Malpractice in Tennessee: Author/Speaker Recent Developments and Courtroom Strategies” October 28, 1997
February 1997, “Avoiding the Podiatric Malpractice Action” Presented at the Podiatry Institute Annual Seminar, Snowbird, Utah
December 1996, “Medical Malpractice in Tennessee” Presented to CNA Insurance Company, Tampa, Florida
April 1995, “Missed X-Rays in the Emergency Room – Medicolegal Issues” Presented at Sterling Healthcare Group Emergency Medicine Seminar, Nashville, Tennessee
Publications
Floyd, J. “The Malpractice Case: The Best Defense is a Good Offense”, APMA News, June 2014.
Floyd, J. “Standard of Care: The Elusive Concept”, Footlights, Winter 2014.
Floyd, J. “Failures in the First Years of Practice: It’s About “Time””, Young Members’ Exchange, APMA, 2004, vol. 7, no. 3.
Floyd, J. Medical Malpractice in Tennessee, 1998, Todd & Floyd, PLC
Floyd, J. Avoiding The Podiatric Malpractice Action, 1997, Manier, Herod, Hollabaugh & Smith.
Floyd, J. Medical Malpractice in Tennessee, 1996 & 1997, Manier, Herod, Hollabaugh & Smith.
Floyd, J. “Show Me The Money and The Contract!”, OUM Chiropractic Program News, 1997, vol. 10, 4. Legal.
Contributor: A Practical Guide to Tennessee Construction Law, 2nd Edition, 1991 & 3rd Edition 1997, Manier, Herod, Hollabaugh & Smith.
Floyd, J. “The Malpractice Case: How Does the Podiatrist Defend?”, Footlights, 1997, vol. 1, Legal.
Floyd, J. “Reducing Medical Malpractice Claims Through Community Involvement”, Footlights, 1996, vol. 4, Legal.
Perspectives
- JOHN FLOYD, SR. ADMITTED TO AMERICAN COLLEGE OF TRIAL LAWYERS
- WICKER SMITH ATTORNEYS RECOGNIZED BY BEST LAWYERS IN AMERICA® 2024: 17 NEW HONOREES
- Wicker Smith Partners Featured in DRI’s ‘The Voice’ Ahead of the DRI Annual Seminar in July
- Wicker Smith Attorneys Featured in DRI’s The Voice® for Unanimous Defense Verdict in a 3-Day Medical Malpractice Jury Trial
- Wicker Smith and Floyd Law Group Merge in Nashville