Provided training on how to conduct internal investigations for a utility’s human resources department.
Provided training to supervisors of a municipal fire department regarding on how to stay union-free.
Revised employee handbook for client with multiple radio stations.
Obtained a defense jury verdict in a race discrimination in hiring case for a national security guard company.
Arbitrator’s ruling in favor of national fast food restaurant in first case under client’s arbitration program for employee disputes. The plaintiff claimed he was terminated because of his age and because he took FMLA leave.
Successfully defended against purported nationwide class action under Title VII and the Equal Pay Act filed by former employee alleging that defendants discriminated against female employees based on gender in terms and conditions of employment, including pay and promotion; subjected women to a sexually hostile work environment; and retaliated against anyone complaining about such conduct. Class action status was denied; individual claims were settled shortly thereafter for nominal amount.
Obtained summary judgment for defense contractor on Title VII race and retaliation claims.
Successfully defended against purported class action under Title VII and the Equal Pay Act alleging that defendant discriminated against current and former African-American employees based on race in terms and conditions of employment, including pay and promotion. Class action status was denied; individual claims were settled for nominal amounts.
Obtained summary judgment in federal district court in Texas for national building products manufacturer in a case involving claims of FMLA discrimination, disability discrimination in violation of the Texas Commission on Human Rights Act, breach of employment contract, intentional infliction of emotional distress, and slander.
Wendy Vickery v. Cavalier Homes (N.D. Ala. 2005)
Obtained a jury verdict for a major home builder in an Americans with Disabilities Act case involving a plaintiff released from work on the day she told her employer she was suffering from breast cancer.
Obtained summary judgment for a manufacturing company on USERRA claims and a workers’ compensation retaliation claim. This case arose out of the termination of the employee when his National Guard unit was mobilized for extended active duty in Iraq.
Represented numerous employers, including hospitals, utilities, retail stores, and construction companies, in various DOL wage and hour audits.
Obtained a jury verdict for a national moving and storage company in a complex FLSA case involving unique issues of payroll record keeping, employee failure to comply with time recording policies, and alleged retaliatory practices.
Successfully represented defendant in purported nationwide collective alleging FLSA failure to pay overtime claims and seeking liquidated damages and attorneys’ fees totaling several million dollars.
Obtained defense jury verdict in favor of cardiology practice client on claims by cardiologist that practice breached the employment agreement by fining him and requiring him to take weeks of mandatory vacation following his failure to report for weekend call duties.
UMWA v. Jim Walter Resources (N.D. Ala. 2000)
A complex, multi-location WARN Act case, with potentially millions of dollars at stake, which resulted in no liability for our client.
Represented national insurance company in multiple ERISA actions, including summary judgment in a case involving a death claim.
Negotiated the last three multi-year contracts for national hardware distributor.
Lead counsel and advisor for Computer Sciences Corporation (dba ACS), a service provider to USAF base involving 13 unions represented by Air Engineering and Metal Trades Council in Tullahoma, Tennessee (1996-2005).
Lead counsel and negotiator to contract service provider to USAF base for collective bargaining agreements with 13 unions represented by the Air Engineering and Metal Trades Council in Tullahoma, Tennessee. Also represented client in all arbitration matters arising under the collective bargaining agreement for this location.
Multiple Air Wisconsin, Inc., and American Airlines, Inc., arbitrations in various locations around the country against both the Airline Pilots Association (APA) and the Airline Pilots Association (ALPA) in which firm acted as lead counsel in defending the company’s discharge of pilots for not meeting training and or continuing competency standards. These cases involve unique issues and, historically, are frequently lost by the company involved.
Represented a national airline and its regional affiliate in several pilot discharge and contract interpretation arbitration cases under the Railway Labor Act collectively bargained agreement with both the Allied Pilots Association and the Air Line Pilots Association. These included discharges based on failure to meet initial qualification standards, failure to meet continuing qualification standards, misconduct, and absenteeism cases. The grievance in each case was denied, even though the airline had historically lost most of these cases. The contract interpretation grievances were also successfully defended and the grievances denied, including one matter that saved the airline approximately $150 million over the life of the collective bargaining agreement.
Implemented strike contingency and antiviolence plan for large trucking company acting as distribution contractor for a large supermarket chain. Implementation included the successful application for an injunction limiting the union’s right to picket, as to place and time, based on the violent and disruptive actions of the union.
Achieved decertification of long-standing union in campaign and election for construction client involving its roofing bargaining unit. The unit had been represented by a union for more than 50 years, since the inception of the business.
Defeated unfair labor practice claim filed by the Sheet Metal Workers’ Union against employer during negotiation for successor collective bargaining agreement.
Angela Caissie v. Middle Tennessee Medical Center, Inc. (Rutherford County Cir. Ct., 2009)
Represented large hospital corporation in age discrimination lawsuit brought by former employee filed in state court in Rutherford County, Tennessee. Successfully negotiated resolution prior to trial.
Dawn Long v. Gateway Medical Center, (M.D. Tenn. 2009)
Represented large hospital in action brought by former employee for disability discrimination and worker’s compensation retaliation. Successfully negotiated resolution prior to trial.
Jewell Snider v. Central Parking Systems, Inc. (Davidson County Cir. Ct. 2009)
Represented company in action brought by former employee for age discrimination. Successfully negotiated resolution prior to trial.
Mary Pankey v. Middle Tennessee Medical Center, Inc. (Rutherford County Cir. Ct., 2009)
Represented large hospital corporation in age discrimination lawsuit brought by former employee filed in state court in Rutherford County, Tennessee. Successfully negotiated resolution prior to trial.
Melissa Leonard v. Middle Tennessee Medical Center, Inc., (Circuit Court, Rutherford County, TN 2009)
Represented large hospital corporation in age discrimination lawsuit brought by former employee filed in state court in Rutherford County, Tennessee. Successfully negotiated resolution prior to trial.
Rebecca Allen v. St. Thomas Heart, LLC (M.D. Tenn. 2009)
Represented large healthcare company in action brought by former employee for FMLA interference and retaliation and disability discrimination. Successfully defeated plaintiff’s motion for summary judgment on interference claim and obtained summary judgment on disability claims. Successfully negotiated resolution of remaining issues prior to trial.
Smith v. CalsonicKansei North America (E.D. Tenn. 2010) and Ensey v. CalsonicKansei North America, (E.D. Tenn. 2010)
Companion cases brought by former employees alleging disability discrimination and retaliation. Complex litigation issues involving over five years of medical records and numerous productions positions. Successfully resolved by the parties prior to trial.
Tibbs v. Calvary United Methodist Church (M.D. Tenn. 2011) (6th Cir. 2012)
Obtained summary judgment from the district court on Tibb’s claims of race and age discrimination. Summary judgment affirmed by the Sixth Circuit Court of Appeals. The Court of Appeals upheld application of the honest belief rule that Calvary believed Tibbs was insubordinate, determined that three subsequent memos addressing alleged similar conduct with dissimilar treatment from seven months to two years after Tibbs was terminated were not relevant for comparative purposes, and ruled that the district court’s alleged failure to directly address the mixed-motive race discrimination claim was adequately addressed by the court’s decision that there was “no evidence” of race discrimination produced by Tibbs.
Tina DavenPort v. Middle Tennessee Medical Center, Inc. (Rutherford County Cir. Ct., 2009)
Represented large hospital corporation in age discrimination lawsuit brought by former employee filed in state court in Rutherford County, Tennessee. Successfully negotiated resolution prior to trial.
Trout v. ATA, et al. (E.D. Tenn. 2008)(6th Cir. 2009)
Obtained summary judgment for government contractor joint venture company where former employee claimed employer failed to reasonably accommodate his disability by placing him in a different job. Affirmed on appeal to Sixth Circuit.
Obtained summary judgment in a case alleging racial discrimination. The decision was affirmed by the 6th Circuit upon appeal.
Work with construction clients advising them on pre-hire agreements and project labor agreements, as well as union campaigns, elections, and negotiations for collective bargaining agreements, and NLRB litigation.
Represented management in relations with several unions at the airline, including the Airline Pilots Association, the Flight Attendants’ Union, and the Airline Mechanics Union. This representation was not limited geographically, but most occurred in Wisconsin.
Represented management in relations with several unions at both American Airlines and its then regional airlines. These unions included the Airline Pilots Association, the Flight Attendants’ Union, and the Airline Mechanics Union. This representation was not limited geographically, and it included the arbitration of discharge and contractual issues, contingency planning for strike activity under the Railway Labor Act, and strike related litigation in both federal and state courts (principally in Nashville).
Represented management in relations with several unions at the newspaper, including the Newspaper Guild, the pressmen, and the mail deliverers. This representation included all matters related to a lengthy, multi-year strike, including the arbitration of discharge and contractual issues, contingency planning for strike activity, defending against unfair labor practice charges, NLRB contests and strike related litigation in both federal and state courts, including several federal appellate matters.
Counseled client, R.D. Herbert & Sons, on project agreement negotiations and successful decertification election of long standing union representation by Sheet Metal Workers and Roofers Union in 2010.
Represented management in relations with several unions in the states of Tennessee and Maryland, principally. These included the Offset Printers Union, the Pressmen’s Union, and the Mail-Deliverers’ Union. The representation included arbitration of discharge and contractual issues, contingency planning for strike activity, defending against unfair labor practice charges, NLRB contests, and strike related litigation in both federal and state courts.
Represented management in relations with the Sheetmetal and Roofers’ unions in the state of Tennessee. This representation included the arbitration of discharge and contractual issues, contingency planning for strike activity, defending against unfair labor practice charges, NLRB contests and strike related litigation in both federal and state courts. Successfully decertified both unions over a three year period.
Represented management in relations with the teamsters union in the state of Tennessee. This representation included the arbitration of discharge and contractual issues, contingency planning for strike activity, defending against unfair labor practice charges, NLRB contests, and strike-related litigation in both federal and state courts.
Represented management in relations with several unions across Tennessee, including the teamsters, meat-cutters, and United Food and Commercial Workers. This included arbitration of discharge and contractual issues, contingency planning for strike activity, defending against unfair labor practice charges, NLRB contests, and strike related litigation in both federal and state courts.
Cromer v. Winn-Dixie Montgomery, LLC, 2:11-cv-00496-IPJ, U.S. District Court for the Northern District of Alabama
Obtained summary judgment in federal disability discrimination, retaliation and FMLA lawsuit.
Cozart v. CalsonicKansei North America Inc., (Tenn. Cir. Ct. 2011)
Week-long jury trial in state court with plaintiff alleging workers’ compensation retaliatory discharge seeking over $600,000 in damages plus punitive damages. Resulted in a hung jury, 8-4 favor of the company.
U.S. Equal Employment Opportunity Commission v. Winn-Dixie Montgomery, LLC, 2:09-cv-00643-C, U.S. District Court for the Southern District of Alabama
Obtained summary judgment in federal age discrimination brought on behalf of employee by EEOC.
Chambless v. Louisiana-Pacific Corp., 481 F.3d 1345 (11th Cir. 2007)
Defending building products manufacturer against hostile work environment claim, as well as claims that plaintiff was denied promotions because of her gender and age. Plaintiff further claimed she was discharged in retaliation for filing an EEOC claim. Our client won at trial and on appeal.
Dais v. Lowe’s Home Centers, Inc, 2010 WL 4260093 (S. D. Ala. 2010)
Plaintiff alleged that his employer discriminated against him on the basis of race because he, an African-American male, was terminated for an alleged violation of Lowe’s sexual harassment policy, but a white male who engaged in substantially the same activity was not terminated. Summary judgment was granted in favor of our client. The plaintiff did not appeal.
Daugherty v. MAPCO Express Inc., 2012 WL 2357732 (N.D. Ala. June 19, 2012)
Former employee claimed gender discrimination in her termination from employment. Employer asserted employee had waived her claims by executing a Severance and Release Agreement and filed a motion for summary judgment. Employee argued that the waiver did not apply because the explanation for her termination, elimination of her position, was not true as evidenced by employer’s subsequent hiring of a male employee in her same position. Employer’s motion for summary judgment was granted by the court citing that the waiver was valid and enforceable, and waived all claims related to her employment.
Nicholson vs. City of Clarksville (6th Cir. 2013) (M.D. of Tenn. 2012)
Race discrimination and harassment cased filed in federal district court. Former employee Nicholson alleged racial harassment, a racially segregated work force, discipline in a discriminatory manner, and two failure to promote claims against the City. Obtained summary judgment in favor of the City of Clarksville dismissing all claims, and affirmed by the Sixth Circuit Court of Appeals.
Troxler v. MAPCO Express Inc. (M.D. Tenn. 2012)
Former employee terminated as part of management decision to rebuild department rife with hostility and lack of team work. Five employees were terminated, but two were then reinstated. Employee, who had complained several times over the years about her asthma being aggravated by work place smells, including co-workers’ perfumes, alleged that her discharge was in retaliation for her internal complaints and the EEOC charge filed one week before her termination. Employer’s motion for summary judgment granted on the basis that each time employee complained it attempted to accommodate her condition, and that it did not know of the EEOC charge at the time of discharge.
Clevette Ellis v. Housing Authority of the City of Montgomery, Alabama, et al.
Lead counsel in a lawsuit alleging that the defendants intentionally violated plaintiff’s procedural due process rights by allegedly terminating her without cause, treating her differently from a similarly situated employee, and intentionally violating her constitutional rights by retaliating against her for actions she took as a hearing officer. Summary judgment was granted in favor of the firm’s clients.
Galloway v. Aletheia House, Inc., 2013 WL 597783 (11th Cir. Feb. 15, 2013)
Summary judgment affirmed in favor of non-profit in ADA case brought by legally blind individual alleging failure to hire and failure to provide reasonable accommodation.
Bryant v. Southland Tube, Inc., 2013 WL 5519489 (N.D. Ala. Sept. 30, 2013)
Defeated motion for certification of a class of former, current, and future employees alleging race discrimination in pay, promotion, and job training at single manufacturing facility.
Bryant v. Southland Tube, Inc. (Northern District of Alabama 2013)
Successfully defeated class action certification by large group of African-American employees asserting race discrimination claims.
Equal Employment Opportunity Commission v. Foley Products Company, Inc. (Middle District of Alabama 2012)
Negotiated consent decree with government in race case.
Equal Employment Opportunity Commission v. Jim Walter Resources, Inc. (Northern District of Alabama 2012)
Negotiated ADA consent decree with government.
Facundo Marcelino v. Petrochem Insulation, Inc. (Shelby Co. Circuit Court 2012)
Obtained summary judgment in retaliatory discharge case.
James Hayden v. Brasfield & Gorrie, LLC (Alabama 2013)
Obtained favorable settlement in retaliatory discharge case.
Jim Walter Resources, Inc. v. United Mine Workers of America, 663 F.3d 1322 (11th Cir. 2011)
After oral argument, Eleventh Circuit held that company’s damages claims arising out of illegal strike were not subject to mandatory arbitration provision of collective bargaining agreement.
Klein v. L3 Communications and Army Fleet Support (Middle District of Alabama 2013)
Obtained summary judgment on all claims in whistleblower and retaliation case.
Secretary of Labor v. Saiia Construction, LLC (Alabama 2013)
Tried multiple cases involving alleged MSHA violations.
Turner and Streetman v. Merion Realty Management, LLC (Alabama 2013)
Negotiated settlements in multiple wage and hour cases.
Handled five disciplinary arbitrations involving maintenance and repair of Naval strike fighter aircraft for L3 Communications Systems Field Support, NAS Fallon, home of Topgun (Nevada 2012).
North American Lighting OSHA investigation (Alabama 2013)
Assisted in large alleged OSHA violation investigation in North Alabama.
Obtained a voluntary dismissal of an age discrimination claim on behalf of Mat Rental LLC brought in Harris County, Texas.
Obtained successful resolution for a major broker-dealer in an employment matter before FINRA.
Achieved favorable settlement for a technology staffing company in trade secret and employment dispute in Harris County, Texas.
Represented large oil and gas company in multiple matters relating to trade secrets and employment disputes
Represented major medical device manufacturers in non-competition and non-disclosure actions.
Bess v. Yates Services, LLC (Rutherford Co. Circuit Court, Tenn 2016)
Lawsuit in state court alleged workers’ compensation retaliation. Former production worker was terminated after five months of employment due to the inability to get certified on all four positions. Bess claimed that since she could not perform her regular job duties at different times due to varying work restrictions associated with her injury, Yates was not permitted to terminate her for being unable to meet the job requirements. Summary judgment granted in favor of Yates holding that Bess’ inability to meet the job requirements due to her work-related injury and restrictions was not retaliation.
Bess v. Yates Services, LLC, Rutherford County Circuit Court, No. 67234
The state trial court granted our client’s motion for summary judgment dismissing the plaintiff’s workers’ comp retaliatory discharge lawsuit. Yates terminated the plaintiff, a former production worker, after five months of employment due to her inability to get certified on all four required production positions. The plaintiff claimed that since she could not perform her regular job duties due to varying work restrictions associated with her injury, Yates was not permitted to terminate her for being unable to meet the job’s requirements. The court granted our client’s motion for summary judgment and dismissed plaintiff’s lawsuit in its entirety, holding that the plaintiff’s inability to meet the job requirements due to her work related injury and restrictions was not retaliation.
DeSoto v. Board of Parks and Recreation, et al., 64 F. Supp. 3d 1070, (M.D. Tenn. Nov. 25, 2014)
Our client, a police officer and one of multiple defendants in the matter, was accused of violating the plaintiff’s constitutional rights, discriminating against plaintiff on the basis of age, gender, race, and sexual orientation, intentional and negligent infliction of emotional distress, and violations of the Computer Fraud and Abuse Act and the Tennessee Personal and Commercial Computer Act, among other allegations. Before the case was settled, we successfully moved the Middle District of Tennessee to dismiss 19 causes of action against our client.
EEOC v. Vicksburg Healthcare, LLC, 2015 WL 1821581 (S.D. Miss. 2015)
Obtained order in client’s favor denying the plaintiff EEOC’s motion to compel inspection and observation of client’s medical facility in an Americans with Disabilities Act lawsuit.
Internal Data Resources v. Briggs, Davidson County Chancery Court, Case No. 14-1064-IV
Successfully defended an individual against a former employer’s attempts to obtain a preliminary injunction regarding a non-competition covenant.
Jenkins v. Davidson Transit Organization, 2016 WL 2939910 (M.D. Tenn. April 13, 2016)
In an age and disability discrimination case, the court granted our client’s motion for summary judgment dismissing the plaintiff’s case in its entirety. Our client asserted the affirmative defense of judicial estoppel because the plaintiff failed to disclose the existence of his potential lawsuit on his bankruptcy filings and therefore he was barred from bringing his claims. The court agreed with our client’s argument and dismissed the plaintiff’s lawsuit in its entirety.
Successfully defended large condominium association in case brought by two plaintiffs alleging violations of ADA access laws, obtaining dismissal of their complaint.
Successfully defendant client in claim of race discrimination, retaliation and disability discrimination, obtaining summary judgment for client
Conducted a Form I-9 immigration compliance audit for a Nashville cleaning service company.
Obtained summary judgment for client is case involving FMLA interference and retaliation claims; decision upheld on appeal to Eleventh Circuit.
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 to enforce its trade secret rights from misappropriation by the former employees and a third individual who had not previously worked for EBSCO. The court granted our 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 positive precedent for companies in Alabama Supreme Court relating to non-competition enforcement.
Successfully enforced a non-competition covenant against a former sales representative of a food service client, in Shelby County (Tennessee) Chancery Court.
Obtained dismissal of race, gender, and disability discrimination claims filed by former employee of staffing company.
Obtained summary judgment in January 2015 from the United States District Court for the Middle District of Tennessee for a hospital in an interference and retaliation case brought under the Family and Medical Leave Act (FMLA) by a former employee of the hospital. The motion for summary judgment analyzed several specific days and explained to the court why the plaintiff was ineligible for FMLA leave on each day at issue. The motion also persuaded the court that the plaintiff could not show that our client’s legitimate, non-discriminatory reason was pretext for retaliation.
Phillips v. Hibbett Sporting Goods, Inc., U.S. District Court, (M.D. Ala.)
Successfully defended company against race discrimination claim.
Successfully represented healthcare company at trial of breach of contract claim filed by former employee in Texas. Successfully represented employer in defeating appeal filed by former employee.
Represented hospital in USERRA action (E.D. Tenn 2014; 6th Cir. Ct. App 2015; cert denied U.S. Sup. Ct. 2016)
Claim by doctor that his employment contract was terminated while serving overseas and that he was not allowed to complete his contract period upon return from active duty in violation of USERRA. Summary judgment granted to hospital on the basis that it was exempt from the USERA reinstatement obligations under the exemption for short term employment, and that the doctor was provided notice of termination consistent with his employment contract, and reinstated upon his return from service for the remainder of the notice period.
Represented technology company in prosecuting unfair competition claims against former employee in Colorado and defending unpaid wages claims filed by former employee.
Obtained summary judgment on FMLA and pregnancy discrimination claims filed by former employee of hospital.
Obtained dismissal of race, gender, and disability discrimination claims filed by former employee of staffing company.
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.
Defended hospital in Title VII hostile work environment case (M.D. Tenn. 2016)
The U.S. District Court for the Middle District of Tennessee granted our client’s motion for summary judgment, dismissing the plaintiff’s Title VII hostile work environment lawsuit. The plaintiff (white male) contended that he was exposed to a hostile work environment in violation of Title VII for associating with two African-American co-workers and because his ex-spouse was African-American. Our client successfully argued to the court that even assuming the plaintiff’s allegations of harassment were true for purposes of the motion for summary judgment, they were not severe or pervasive enough to alter the conditions of his employment. The court agreed with our client’s argument and dismissed the plaintiff’s lawsuit in its entirety.
Defended hospital in USERRA action (E.D. Tenn. 2014; 6th Cir. Ct. App. 2015; cert denied U.S. Sup. Ct. 2016)
In a case of first impression under the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Sixth Circuit affirmed the grant of summary judgment to our clients. The plaintiff, an orthopedic surgeon, argued that he was entitled to reemployment under USERRA upon his return from deployment, but our clients successfully proved an affirmative defense that the plaintiff was not entitled to reemployment rights because his employment was for a brief, non-recurrent period of time and plaintiff had no reasonable expectation of continued employment for a significant period. The decision regarding this affirmative defense under USERRA was the first of its kind in a federal appellate court. The Sixth Circuit also affirmed the grant of summary judgment to our clients regarding the plaintiff’s USERRA discrimination claim, his wrongful discharge claim, and his breach of contract claim. Plaintiff sought to take his case to the U.S. Supreme Court, but the court chose not to take the case, leaving the Sixth Circuit’s decision undisturbed.
Pittsburg & Midway Coal Mining Co. v. Rubley, Tuscaloosa, Alabama Circuit Court, Alabama Court of Civil Appeals
Successfully defended company in claim of workers’ compensation fatality.
Obtained dismissal on summary judgment of case filed in the United States District Court for the Middle District of Tennessee, in which former employee of our client alleged that she was discharged in retaliation for pursuing workers’ compensation benefits.