The following are representative of the types of matters we typically handle.
August 2011
Jones v. Nissan North America, Inc., No. 09-5786, 2011 U.S. App. LEXIS 17412 (6th Cir. Aug. 18, 2011). Represented former automobile manufacturing plant technician in disability discrimination case in federal court. District court incorrectly denied employee's motions for judgment as a matter of law and incorrectly charged the jury, which returned an adverse verdict. Court of appeals reversed judgment, took away adverse verdict, ordered that judgment be entered in favor of employee, and remanded case for a determination of employee's damages.
Represented firefighter/emergency medical technician in disability discrimination case in federal court. Case settled following seven months of litigation.
July 2011
Represented former sales manager in failure to promote and constructive discharge case in federal court. Employee presented direct evidence of race-based discriminatory animus, evidence of racially disparate treatment, and evidence of shifting justifications for the failure to promote from which a jury could infer that employer was dissembling to mask discrimination. Case settled following two years of litigation.
Represented former Executive Director of city/county industrial development office in breach of contract case, which settled before lawsuit was filed.
June 2011
Represented three former employees of sales organization in racially disparate treatment and retaliation case in federal court. Case settled following 14 months of litigation.
May 2011
Mitchell v. TSU, et al., Case No. 3:09-cv-920 (M.D. Tenn.). Represented longtime tenured college professor in retaliation for taking medical leave case in federal court. Professor lost his Department Head position, but retained his professor position, because he requested and exercised reasonable accommodation in the form of medical leave. Decision maker admitted that had professor not taken medical leave, he would not have lost his Department Head position. Following 20 months of litigation, case settled for $200,000.
February 2011
Represented former executive assistant in retaliation for refusing to submit to sexual demands case. Case settled before lawsuit was filed.
January 2011
Represented diabetic warehouse worker in failure to reasonably accommodate and discriminatory discharge case in federal court. Case settled following 17 months of litigation.
November 2010
Powell v. Tennessee State University, No. 3:09-cv-957 (M.D. Tenn.). Represented former bus driver in constructive discharge and retaliation for requesting reasonable accommodation case under Rehabilitation Act. Following four-day trial, jury found in favor of plaintiff and awarded him $43,500 in damages. Defendant further paid plaintiff's attorney's fees and costs along with prejudgment interest on the verdict.
Represented former marketing executive in successful pre-litigation negotiation of $500,000-plus severance agreement.
August 2010
Heriges v. Wilson County, Tennessee, et al., No. 3:09-cv-362 (M.D. Tenn.). Represented former animal control officer and supervisor in First Amendment retaliation case under 42 U.S.C. § 1983 and the Public Employee Political Freedom Act. Following four-day trial, jury found that defendants disciplined, demoted, and discharged plaintiff-employee for speaking to elected public officials on matters of public concern, including violations of state statutes applicable to animal control facilities, and awarded her $600,000 in damages. The court granted her motion to triple the portion of damages awarded under the PEPFA, bringing the award to $950,000, and awarded $176,816 in attorneys' fees and costs, resulting in a final judgment of $1,126,816.
June 2010
Represented nine African-American and Caucasian former hourly and managerial restaurant employees in race discrimination and retaliation case in federal court. Employees presented testimony of other non-party current and former employees evidencing discriminatory animus and supporting claims of disparate treatment and retaliation for reporting, opposing and refusing to participate in illegal discriminatory conduct. Hourly and managerial employees’ claims settled following 12 and 18 months of litigation, respectively.
May 2010
Represented six African-American former salespersons and sales managers in race discrimination case in federal court. Case settled following 17 months of litigation.
April 2010
Represented 20-year automobile manufacturing plant technician in race and disability discrimination and retaliation case in federal court. Case settled following two months of litigation after filing of, and before hearing on, employee’s motion for an injunction ordering that he be returned to work.
December 2009
Represented putative class of cable television installation technicians in retaliation for opposing failure to pay overtime wages case under Fair Labor Standards Act in federal court. Obtained preliminary injunction ordering company to reinstate employees and post 24” x 36” poster in its workplace notifying all employees that they will not be retaliated against for exercising their rights under the FLSA.
Represented former assistant restaurant manager in retaliatory discharge for refusing to participate in and remain silent about illegal activity (“whistleblower”) case in state court. Case settled following 10 months of litigation.
November 2009
Represented former retail cashier in FMLA and disability discrimination case in federal court. Case settled following 14 months of litigation.
Represented former restaurant general manager in retaliation for reporting and opposing gender-based harassment case in state court. Case settled following multiple appeals and 44 months of litigation.
October 2009
Represented former speech writer for university president in FMLA and disability discrimination case in state court. Case settled following 30 months of litigation.
April 2009
Represented Health Services Administrator at local prison facility in pregnancy discrimination and retaliation case in federal court. Case settled following 20 months of litigation.
March 2009
Represented executive assistant in gender harassment case in federal court. Case settled following 13 months of litigation.
February 2009
Franklin v. City of Mt. Juliet, Tennessee, et al., No. 3:08-0155 (M.D. Tenn.). Represented former City Planner in First Amendment retaliation case based on public employees’ rights to speak on matters of public concern and to communicate with public officials about illegal or unethical activity without fear of reprisal. Case settled for $166,000 following one year of litigation.
August 2008
Bryant v. Dollar General Corp., 538 F.3d 394 (6th Cir. Aug. 15, 2008). Court of Appeals affirmed district court's judgment entering jury verdict in Plaintiff's favor and doubling her damages under the FMLA (see November 2006, below) on the basis that both the FMLA and its implementing regulations prohibit an employer from discharging an employee in retaliation for taking FMLA leave.
July 2008
Represented college football coach in race/marriage discrimination case in federal court. Case settled following 20 months of litigation.
April 2008
Represented six sales and managerial employees in racial harassment, gender identity discrimination, and retaliation case in federal court. Case settled following 13 months of litigation.
March 2008
Represented college instructor in race and national origin discrimination case in federal court. Case settled following 13 months of litigation.
February 2008
Represented construction superintendent in disability discrimination case before Equal Employment Opportunity Commission. Case settled after EEOC issued determination finding cause to believe employer violated ADA.
December 2007
Represented male nurse in race and gender discrimination case in federal court. Case settled following nine months of litigation.
August 2007
Represented female warehouse laborer in Family and Medical Leave Act and disability discrimination case in federal court. Case settled following 13 months of litigation.
Represented four call center nurses in age discrimination case in federal court. Case settled following 12 months of litigation.
April 2007
Represented respiratory therapist in Family and Medical Leave Act case in federal court. Case settled following 14 months of litigation.
January 2007
Tuttle v. Metropolitan Government of Nashville, 474 F.3d 307 (6th Cir. Jan. 18, 2007). Court of Appeals reversed district court judgment granting Government's post-trial motion for judgment as a matter of law on Plaintiff's age discrimination and retaliation claims and reinstated $199,200 jury verdict in her favor (see June 2005, below). District court then awarded Plaintiff attorney's fees, expenses, and interest.
Represented electrical laborer in disability discrimination case in federal court. Challenged employer's "no light duty work for injured employees" policy under ADA as illegal "100% healed rule." Case settled after court denied employer's motion for summary judgment.
November 2006
Carr, et al. v. Tanner, et al., No. 3:05-654 (M.D. Tenn.). Represented 11 managers and employees of two former Nashville car dealerships in racial discrimination and harassment, fraud, and breach of contract case in federal court. Case settled for $2,700,000.
Bryant v. Dollar General Corporation, No. 3:05-840 (M.D. Tenn.). Defendant discharged Plaintiff, a senior programmer analyst, for allegedly discussing written discipline with a co-worker. Plaintiff demonstrated at trial that real reason for discharge was her taking FMLA leave for serious health conditions. Jury found in favor of Plaintiff and awarded her $73,942.68, the maximum amount available to her under the FMLA. Court awarded Plaintiff liquidated (double) damages under the statute resulting in $147,885.36 damage award, plus attorney's fees, expenses, and interest.
October 2006
Represented employee in pregnancy discrimination case in federal court. Case settled following five months of litigation.
March 2006
Represented disaster recovery services manager and cancer survivor in disability discrimination case in federal court. Court denied Defendant's motion for summary judgment. Case settled shortly before trial.
August 2005
Represented nurse in racial harassment case in federal court. Case settled following 12 months of litigation and employee retained her job.
July 2005
Murfreesboro Medical Clinic, P.A. v. Udom, 166 S.W.3d 674 (Tenn. 2005). Clinic decided not to extend physician's employment, and sued him on non-competition clause in employment contract. Chancery Court enjoined physician from practicing medicine in Smyrna, Tennessee, and held non-compete enforceable. Court of Appeals reversed injunction, but affirmed holding that non-compete was enforceable. Physician argued that non-compete was (1) unreasonable in circumstances, (2) overbroad and not narrowly tailored to protect legitimate business interests, and (3) against public policy favoring patients' rights to continue care with physician. Supreme Court reversed Court of Appeals' judgment and held that, except where specifically authorized by statute, physician non-competition agreements are unenforceable and void.
Note: effective January 1, 2008, physician non-competition agreements are enforceable in certain circumstances in Tennessee in accordance with new legislation codified at Tenn. Code Ann. § 63-1-148. Please consult counsel with any questions about such agreements.
June 2005
Tuttle v. Metropolitan Government of Nashville, No. 3:03-1063 (M.D. Tenn.). Government discharged former clerical employee for alleged performance problems. Plaintiff filed suit under ADEA for age discrimination and retaliation. After four-day trial, jury returned verdict for Plaintiff on both claims and awarded her $199,200. District court then granted Government's oral Rule 50(b) motion for judgment as matter of law. Plaintiff appealed to Sixth Circuit U.S. Court of Appeals and prevailed (see January 2007, above).
Represented finance director of organization in whistleblower retaliation case, which settled following mediation and before initiation of litigation.
May 2005
Bryan v. City of New Johnsonville, Tennessee, et al., No. 3:03-0307 (M.D. Tenn.). Represented former City Recorder in suit filed under 42 U.S.C. § 1983 for retaliatory discharge in violation of First Amendment right to engage in speech activity on matters of public concern. Court denied Defendants' motions for summary judgment. Case settled for $225,000 plus reinstatement of lifetime retirement benefits and an apology letter.
February 2005
Represented two restaurant workers in supervisor and co-worker sexual harassment, retaliation and constructive discharge case in federal court. District court denied Defendants' motion for summary judgment on all nine claims asserted. Case settled day before trial date.
October 2004
Represented physician in race and national origin discrimination case in federal court. Court denied Defendant's motion for summary judgment. Case settled seven days before trial.
