T. Matthew Miller

Partner
Legal Assistant
Linda Hawkins
P: 205.521.8224 lhawkins@bradley.com
ERISA

Blair v. Metropolitan Life Insurance Company, 955 F.Supp.2d 1229 (N.D. Ala.)
Successfully defended two ERISA benefits claims, obtaining judgment for claims administrator and dismissal of subsequent claim.

Witt v. Metropolitan Life Insurance Company, et al., 12-CV-2157 – (N.D. Ala.)
Successfully defended ERISA benefits claim, obtaining judgment for defendants.

Sorrells v. Sun Life, U.S. District Court, (S.D. Ala.)
Successfully defended company in ERISA benefits claim, creating positive precedent in Alabama on issue.
 
NON-COMPETITION/RESTRICTIVE COVENANTS
EBSCO Industries, Inc. v. Jerry H. White, et al., CV-03-HS-2404-S (N.D. Ala.)
Represented EBSCO Industries, Inc. in enforcing non-compete agreements signed by two of its former employees in Oklahoma and in enforcing its trade secret rights from misappropriation by the former employees and a third individual who had not previously worked for EBSCO. The court granted motions for TRO and later for preliminary injunctions against the former employees. Ultimately, permanent injunctions by consent were entered that ordered the defendants to comply with the terms of the non-compete and confidentiality provisions of their agreements and that otherwise protected EBSCO’s trade secrets.

Ormco v. Johns, Jefferson County, Alabama Circuit Court, Alabama Supreme Court
Created precedent establishing a new presumptive standard for protectible interests in Alabama.
 
FLSA
Hornsby v. Two Men & A Truck, U.S. District Court, (N.D. Ala.)
Successfully defended company in wage and hour putative collective action.

Tyler v. Payless Shoe Source, Inc., No. 2:05-CV-33F (WO), 2005 WL 3133763 (M.D. Ala.)
Successfully defended company in wage and hour putative collective action. Obtained successful resolution in similar claim filed in Mississippi.

Defended storage company against wage and hour claims
Successfully defended a national storage company in wage and hour claims of alleged off-the-clock work, obtaining decision in favor of client. Fully arbitrated.
 
SEXUAL DISCRIMINATION/EQUAL PAY
Marquis v. City of Hamilton, U.S. District Court, (N.D. Ala.)
Successfully defended company in case involving claims of sex discrimination, Equal Pay Act and retaliation.
 
FMLA
Obtained summary judgment for client is case involving FMLA interference and retaliation claims; decision upheld on appeal to Eleventh Circuit.
 
RACE DISCRIMINATION
Phillips v. Hibbett Sporting Goods, Inc., U.S. District Court, (M.D. Ala.)
Successfully defended company against race discrimination claim.
 
WORKERS’ COMPENSATION
Pittsburg & Midway Coal Mining Co. v. Rubley, Tuscaloosa, Alabama Circuit Court, Alabama Court of Civil Appeals
Successfully defended company in claim of worker's compensation fatality.
 
ADA DISCRIMINATION
Successfully defendant client in claim of race discrimination, retaliation and disability discrimination, obtaining summary judgment for client.
 
ADA ACCESS
Successfully defended large condominium association in case brought by two plaintiffs alleging violations of ADA access laws, obtaining dismissal of their complaint.