Select Matters
- Race discrimination and retaliation lawsuit against agency and managers: Lead counsel in lawsuit in USDC SD MS for race and retaliation discrimination. Summary judgment for all individuals (managers) and agency. (2022, Kenneth M. Jones v. The Mississippi Secretary of State’s Office, et al., Case No. 3:18-cv-281).
- Sex/disparate pay claims: Local counsel in lawsuit in which female department manager asserted sex discrimination/disparate pay claims. Settled. (2022, Tanshina Branch v. Fisher & Ludlow, Inc., Case No. 3:21-cv-138).
- Tort and contract claims to circumvent exclusive remedy provisions of workers comp law: Co-counsel in lawsuits against employer and employee leasing company asserting claims against co-employers under tort and contract theories to defeat exclusive remedy provisions of Mississippi Workers Compensation law. Summary judgment granted in both cases. (2022, Moore & Moore v. Jindal Tubular USA, LLC, et al., Case No. 1:21-cv-383) (2023, Prentiss Gammage v. Jindal Tubular USA, LLC, et al., Case No. 1:22-cv-207).
- Union claim of continuing work jurisdiction: Lead counsel for Employer in 8 arbitrations before 4 arbitrators in which IBEW local claimed a continuing right to work previously performed by at least 45 employees even though all had executed voluntary severance packages. Following hearings, motions and briefing involving 4 of the 8 cases, three arbitrators granted Employer’s motion to dismiss; leading to subsequent dismissal of all cases and related unfair labor practice charges (2022).
- Age and disability discrimination lawsuit by a manager: Lead counsel in lawsuit against employer in USDC SD MS for age and disability discrimination. Summary judgment for employer by USDC SD MS. Affirmed by 5th Circuit Court of Appeals. (2019, Mark Muller v. Mississippi Power Company, Case No. 19-60301).
- Disability and age discrimination claims against employer: Lead counsel for employer in lawsuit by former employee alleging disability and age discrimination. Summary Judgment for employer in USDC ND MS. Affirmed by 5th Circuit Court of Appeals. (2018, James Jackson v. Oil-Dri Corporation of America, Case No. 18-60361).
- Termination of electrician for violation of zero tolerance safety policy: Represented employer in two arbitrations. In first arbitration, arbitrator upheld the employer’s zero tolerance safety policy which resulted in the termination of electrician for first offense. In the second case arbitrator upheld the employer’s termination of the electrician. (2019).
- Relinquishment of medical privileges by physician: Represented a community hospital regarding investigation of physician’s fitness for practice. Counseled Board and chief of medical staff to have physician voluntarily relinquish his medical staff privileges. (2019).
- FLSA collective action: Represent largest liftboat operator in Gulf of Mexico against FLSA collective action claims. Summary Judgment in favor of employer in USDC LA WD on October 15, 2019. 5th Circuit reversed and remanded to the District Court February 11, 2021. Pending before District Court.
- Breach of labor contract/judgment against union: Lead counsel in lawsuit against IUOE Local 406 in the USDC SD TX for breach of contract, tortious breach of contract, and other claims involving local union’s expulsion of IUOE members from Louisiana and other states working for client. Following trial, the USDC SD TX awarded client damages in the amount of $413,789.53. Following Union’s appeal, Fifth Circuit Court of Appeals affirmed the lower court’s judgment plus costs. IUOE Local 406 paid $457,444.06. (2016, Turner Industries Group, LLC v. Local 450, IUOE, U.S. Ct. of Appeals, 5th Circuit, (No. 15-20277)).
- Manager’s theft of confidential business information/trade secrets and violation of non-compete agreement: Successfully investigated and filed suit against former manager and others who denied any misconduct. Brought suit in USDC SD MS and resolved through consent judgment with substantial restitution and extension of former manager’s non-compete. (2014, Canon Solutions America, Inc. v. William Pittman Jr, Thomas Napier and Gulf Copy Systems, LLC (No. 1:14-cv-00149-LG-JMR))
- Race/age discrimination/refusal to hire: Summary judgment granted by USDC SD MS. (2015, Luretha Bivins v. Mississippi Regional Housing Authority, No. 15-60484 and affirmed on appeal to Fifth Circuit 2016, No. 1:133-CV-230)
Publications
News
Speaking Engagements
Credentials
Education
- Louisiana State University School of Law, J.D., 1972
- Tulane University, B.A., 1969, Economics
Courts
- U.S. District Court, Southern District of Mississippi, 1976
- U.S. District Court, Northern District of Mississippi, 1976
- U.S. District Court, Eastern District of Louisiana, 1991
- U.S. District Court, Western District of Louisiana, 1996
- U.S. Court of Appeals, Fifth Circuit, 1976
Bar Admissions
- Mississippi, 1975
- Louisiana, 1972
Professional Affiliations
- Mississippi DRI - Lawyers Representing Business; president, 1988-1989
- Mississippi Bar Association, Labor and Employment Section, chair, 1987-1988
- Mississippi Bar Foundation, fellow
- American Bar Association Developing Labor Law Committee, chapter editor, 1980-2008
- College of Labor and Employment Law, fellow; Fifth Circuit Credentials Committee, chair, 2016; Fifth Circuit Regional Seminar, co-chair, 2016
- Multi-State Labor and Employment Seminar, program chair, 1984-2010
Awards & Accolades
- Mississippi Business Journal, Mississippi Leading Attorney, 2010
- Chambers USA, Labor and Employment Law, Star Individual, Band 1, 2003 - present
- The Best Lawyers in America®, Employment Law – Management, Labor Law – Management, 1988 – present
- Human Resource Executive Magazine, Hall of Fame 2016 Inductee: The Nation’s Most Powerful Employment Attorneys
- Human Resource Executive Magazine, Top 100: The Nation’s Most Powerful Employment Attorneys, 2010 - present
- Mississippi Business Journal, Mississippi Leading Attorney, 2010
- Mid-South Super Lawyers
Community Involvement
- Country Club of Jackson Subdivision Association, Covenants Committee, Chair, 2015-2016
- The Breakers Homeowners Association, board member, 2012-2015; President, 2014-2015
- Country Club of Jackson Subdivision Association, Covenants Committee, President, 1992-1993