Josh Arters is an associate attorney in the Health Care Litigation and Disputes practice in Nashville. Josh has experience representing a diverse group of health care entities including premier hospital systems, research facilities, and publicly traded companies. Josh leverages a deep understanding of the issues that health care entities encounter in the ever-changing health care industry to serve clients’ business and legal objectives. Josh provides assistance to clients in litigation, arbitration, administrative hearings, audits and investigations for matters including commercial disputes, commercial payor audits and disputes, HIPAA and privacy matters.
Prior to joining Polsinelli, Josh practiced with a boutique commercial litigation firm in Nashville where he successfully represented numerous institutional clients navigating complex matters before administrative boards, alternative dispute resolution forums and state and federal courts across the United States. As a result, Josh draws from a pragmatic and strategic approach to litigation, which is uniquely valuable to clients in the advancement of their distinct business and legal objectives.
- Blackwell v. Sky High Sports Op., LLC, 523 S.W.3d 624 (Tenn. Ct. App. 2017) Successfully represented a youth sports facility in a dual interlocutory appeal before the Tennessee Court of Appeals involving the enforceability of a parental liability release as to a claim for medical expenses. Persuaded the court to depart from its most-recent reported decision and affirm the trial court’s holding that a minor is barred from asserting claim for pre-majority medical expenses if mother had executed a liability release.
- Blue Water Bay at Center Hill, LLC v. Hasty, 2017 WL 5665410 (Tenn. Ct. App. 2017) Successfully represented the client before the Tennessee Court of Appeals in a complex dispute concerning the arbitrability of claims related to a commercial loan. Obtained a complete reversal on novel equitable grounds including the issue of whether a signatory to a personal guaranty containing an arbitration contract can avoid arbitration on claims with a nonsignatory.
- In a trade secrets dispute involving foreign corporations and their U.S. affiliates, successfully assisted client in reaching a confidential settlement after obtaining a favorable ruling on an issue of first impression regarding the application of California trade secrets law to suit pending in a federal court in Tennessee.
- As lead counsel, successfully represented multi-state franchisee of an international franchisor in a matter exposing the client to potential liability exceeding $10M.
Publications & Presentations
Belmont Law Review Recreation Law Discussion – A Conversation on Blackwell v. Sky High Sports Nashville Operations, LLC and Issues in Tort Law in Tennessee
Publications & Presentations
Joshua Arters & Ben Rose, Kindly Remove My Child From the “Bubble Wrap” – Analyzing Childress v. Madison County and Why Tennessee Courts Should Enforce Parental Pre-Injury Liability Waivers
11 Tenn. J. L. & Pol’y 8