Labor and Employment Group

Employment Litigation

The litigation team from Butler Snow’s Labor and Employment Group partners with employers nationally, regionally and locally to defend claims brought by employees, advocacy groups, and labor unions.  The group represents management exclusively and has defended cases in federal and state courts in over 20 states and handled appeals in numerous federal circuits and state appellate courts.  These cases include both jury and non-jury trials and class action litigation. 

Alternative Dispute Resolution (Mediation and Arbitration)

Litigation expense, time, and disruption, plus public relations factors, must be considered by wise employers.  Hence, mediation and other alternative dispute resolution methods (ADR) are increasingly important today.  Butler Snow’s Labor and Employment attorneys are skilled and experienced in mediation and arbitration.  In fact, we have a national reputation in the area of ADR.

David Jaqua, a member of our Labor and Employment Group, created and guided the implementation of the country’s first company-wide fair treatment process and mandatory arbitration program for a major national healthcare corporation employing more than 110,000 employees. David also led and coordinated the successful defense of that program in key cases decided by federal Courts of Appeals in San Francisco, St. Louis, New Orleans, Atlanta and Richmond.

Practice highlights
  • Butler Snow’s senior employment litigator has tried over 55 jury trials to verdicts in federal and state courts in 16 states.

     
  • The types of claims we have defended include wrongful termination, discrimination (gender/ transgender), sexual harassment, sexual orientation, race, age, disability, national origin, and religion, harassment, breach of contract, drug testing, wage and hour violations, non-competition and trade secret litigation, False Claims Act Whistleblower, and collateral tort claims.

     
  • Butler Snow has significant experience in ERISA litigation including defending employer plans, plan sponsors and fiduciaries, and insurers. 

     
  • Our Labor and Employment attorneys have defended employers involved in healthcare, airline and transportation, gaming, lodging and hospitality, logistics, manufacturing, apparel, distribution and retail, banking and financial services, food processing and distributing, forestry, and other industries before courts in Tennessee, Mississippi, Arkansas, California, Alabama, Indiana, Missouri, North Carolina, South Carolina, Texas, Ohio, Florida, New Jersey, Louisiana and other parts of the nation.

     
  • In addition to trial experience, our Labor and Employment team has argued appellate cases before federal Courts of Appeals in San Francisco, St. Louis, New Orleans, Cincinnati, Atlanta and the District of Columbia. 

     
  • Butler Snow has represented defendants in class actions alleging federal employment and civil rights claims

Representative experience 

  • Frances M. Ferrell v. Baxter Healthcare Corporation; United States District Court for the Western District of Arkansas.   Ferrell sued Baxter under the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA).   The court granted summary judgment in favor of Baxter on the ADA claim.  The age claim was tried to a jury in Harrison, Arkansas.  Baxter obtained a defense verdict.  

     
  • Shirley DeVries v. BioLife Plasma Services, LP, United States District Court, Western District of Michigan.  Plaintiff, a BioLife medical supervisor, alleged she was terminated in retaliation for exercising her Family and Medical Leave Act rights.  Following discovery, our attorneys prepared a winning motion for summary judgment.

     
  • Blackshear v. Shelby County Healthcare Corporation, United States District Court, Western District of Tennessee.  Plaintiff, a former Trauma Nurse and union organizer, alleged retaliatory discharge in violation of 42 U.S.C. § 1983 based on alleged union organizing activities at this county-owned Level II Trauma Center.  At the conclusion of Plaintiff's proof after six days of jury trial, we obtained a directed verdict (Rule 50 Motion) in favor of the employer.

     
  • Hollins v. Methodist Healthcare, United States District Court, Western District of Tennessee; U.S. Court of Appeals, Sixth Circuit.  Plaintiff, a Chaplain Resident in training, alleged termination because of disability in violation of the ADA.  On a motion to dismiss, we convinced the court that the claim was outside the court's jurisdiction based on First Amendment considerations and the Sixth Circuit affirmed in a published opinion.



  • For additional information on Employment Litigation, please contact Timothy M. Threadgill.

 

 

 

    

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