Elizabeth Boston Malloy
Associate
Overview
Elizabeth Boston Malloy is a litigation attorney in Holland & Knight's Nashville office. Ms. Malloy maintains a comprehensive eminent domain and condemnation practice, with a particular emphasis on Tennessee condemnation law.
Ms. Malloy represents condemning authorities and private landowners, guiding clients through every stage of the process – from early property acquisition negotiations through formal condemnation proceedings in state and federal courts.
Ms. Malloy has extensive experience in commercial and real estate disputes, including breach of contract claims, lease disputes and complex property matters. She also represents individuals and companies in administrative appeals and proceedings involving land use, planning and zoning decisions, guiding clients from initial agency actions through writ of certiorari proceedings in state court.
Ms. Malloy's appellate experience includes drafting multiple appellate briefs, including a successful appeal before the U.S. Court of Appeals for the Sixth Circuit in 2025. She also regularly appears in Tennessee General Sessions Courts, circuit courts and chancery courts on behalf of companies and individuals. Ms. Malloy leads extensive eDiscovery efforts, including matters involving hundreds of thousands of documents, and has experience with multiple eDiscovery platforms, coordinating with eDiscovery vendors, conducting quality control review and managing productions to opposing counsel.
Serving in an outside general counsel role for companies with national footprints, Ms. Malloy assists with guiding clients through answering and objecting to subpoenas, drafting litigation risk assessments and handling other litigation-adjacent matters. She is committed to advising clients throughout the entire life span of a matter and is experienced in alternative dispute resolution, including mediation and arbitration.
In addition to her legal practice, Ms. Malloy coaches a local high school mock trial team.
Representative Experience
- As counsel for a major public utility company, handles all phases of eminent domain proceedings, guiding the client from initial project planning through final resolution; scope of representation includes assessing acquisition needs, preparing and filing condemnation petitions and other required pleadings, coordinating appraisal and title work, managing preliminary surveying of properties, advocating at possessory hearings before state court judges to secure timely project access, and ensuring the chain of title is preserved throughout the process
- In defending landowners, represents property owners throughout Middle Tennessee who face condemnation by governmental entities and other bodies with the power of eminent domain; provides comprehensive representation that includes the preparation and filing of responsive pleadings, retention and coordination of independent appraisers, and vigorous advocacy to ensure her clients receive the full measure of just compensation guaranteed under the Tennessee and U.S. Constitutions
- Drawing on experience on both sides of eminent domain matters, counsels acquiring entities and property owners in pre-litigation negotiations designed to structure voluntary acquisitions and avoid formal condemnation proceedings; this dual perspective facilitates efficient, cost-effective resolutions that protect clients' interests while minimizing litigation expense and project delays
- Through strategic motion practice and appellate advocacy, achieved a complete victory for a corporate client in an action arising under a limited liability company (LLC) agreement; drafted and argued the motion to dismiss before the Williamson County Chancery Court, eliminating the majority of plaintiff's claims, then prepared summary judgment briefing that secured dismissal of the remaining claims in 2025; prepared the appellate briefing when the plaintiff appealed; during the litigation, managed all written and document discovery, prepared the client's corporate representative for deposition and defended such deposition
- Serving as the lead associate on a litigation team, recently helping secure a significant appellate victory for a client in a federal civil rights action brought by a former employee; after the district court denied the employer's motion to dismiss, pursued an interlocutory appeal on qualified immunity grounds; conducted the requisite research and then drafted the client's appellate brief, which resulted in the dismissal of all federal claims against the client; subsequently drafted the response to the plaintiff's unsuccessful petition for rehearing en banc, achieving complete resolution of the federal claims in client's favor
- As lead defense counsel in a slander and libel lawsuit in Rutherford County, Tennessee, against five defendants, managed case strategy, drafted an anti-SLAPP motion and handled the entire trial solo; conducted extensive pretrial witness interviews, prepared all defendants for trial, examined five defense witnesses and cross-examined the plaintiff; the court entered judgment in clients' favor on both counts
- As outside litigation counsel for a healthcare company with practices across the country, handles federal and state court proceedings through all phases of litigation; manages document review with strict Health Insurance Portability and Accountability Act (HIPAA) compliance in mind, drafts dispositive motions, provides strategic settlement counsel and represents the client in mediations
- Counsels Tennessee entities on cemetery relocation matters, guiding clients through the required legal steps to ensure full statutory compliance and respectful handling of these sensitive proceedings; represents an individual client in a pro bono appellate proceeding arising from the unauthorized relocation of a family cemetery without proper consent
- Represents clients in writ proceedings before Tennessee state courts, including writs of certiorari and writs of mandamus, to challenge and appeal final decisions of municipalities, administrative agencies and other government bodies; navigates the complex procedural requirements governing these actions to ensure timely and effective judicial review of adverse governmental actions
- Advocates for Tennessee businesses in proceedings before administrative law judges and local boards, defending clients' permits when challenged by third parties and pursuing appeals of agency and board decisions that adversely affect clients; practice encompasses zoning, land use and environmental matters
Credentials
- Vanderbilt University Law School, J.D.
- Tufts University, B.A., summa cum laude
- Tennessee
- U.S. District Court for the Middle District of Tennessee
- U.S. District Court for the Eastern District of Tennessee
- U.S. District Court for the Western District of Tennessee
- Women in Numbers Tennessee, Board Member, 2020-Present
- Nashville Bar Association
- Tennessee Bar Association
- Nashville's Top 30 Under 30, Cystic Fibrosis Foundation, 2024
- Phi Beta Kappa