John’s labor practice extends to almost every area of employer-employee regulation. He has broad trial experience in both federal and Alabama state courts, handling primarily labor matters but a wide variety of other interesting cases as well. He regularly handles union campaign issues, labor contract negotiations, employment discrimination cases, employment contract disputes, layoff issues, and drug testing matters. In the construction area, he handles cases in federal, state, and arbitral forums, both inside and outside of Alabama, and he advises owners and contractors with respect to various contract negotiation and dispute resolution issues.
Hospital Employment Litigation
(2016) - Handling four discrimination and whistleblower cases for Alabama hospitals and health service facilities.
(2016) - Handling litigation and government actions regarding fatalities at coal mine, manufacturing facility, and apartment complex.
(2016) - Drafted multiple noncompete agreements under Alabama’s new law for engineering, real estate, and various sales entities.
Comeens v. Harden Manufacturing
(Northern District Alabama 2016) - Negotiated settlement in class action case under the WARN Act.
Walter Energy, Inc
. (2015) - Served as labor and employment counsel in one of Alabama’s largest bankruptcies.
Thomas Jefferson Foundation, Monticello
(DeKalb County Circuit Court 2014) - Favorable jury verdict on all counts after two-week trial over furniture alleged to be owned by Thomas Jefferson and
valued at over $5 million. Affirmed by the Alabama Supreme Court.
Brooks v. Southland Tube, Inc.
(Jefferson County Circuit Court 2014) - Summary Judgment in retaliatory discharge and outrage case.
Whistleblower case under Solid Waste Disposal Act
(2014) - Obtained favorable OSHA ruling in whistleblower case.
(2014) - Arbitration concerning employee gun rights with subsequent litigation in federal court.
Bryant v. Southland Tube, Inc.
(Northern District of Alabama 2013) - Successfully defeated class action certification by large group of African-American employees asserting race
Klein v. L3 Communications and Army Fleet Support
(Middle District of Alabama 2013) - Obtained summary judgment for federal contractor on all claims in whistleblower and retaliation case.
North American Lighting OSHA investigation
(Alabama 2013) - Assisted in large alleged OSHA violation investigation in North Alabama.
Turner and Streetman v. Merion Realty Management, LLC
(Alabama 2013) - Negotiated settlements in multiple wage and hour cases.
Secretary of Labor v. Saiia Construction, LLC
(Alabama 2013) - Tried multiple cases involving alleged MSHA violations.
James Hayden v. Brasfield & Gorrie, LLC
(Alabama 2013) - Obtained favorable settlement in retaliatory discharge case.
Equal Employment Opportunity Commission v. Jim Walter Resources, Inc
. (Northern District of Alabama 2012) - Negotiated ADA consent decree with federal government.
Morel v. Chevron Mining, Inc.
(Northern District of Alabama 2012) - Obtained summary judgment in ADA, FMLA, and whistleblower case.
Facundo Marcelino v. Petrochem Insulation, Inc.
(Shelby Co. Circuit Court 2012) - Obtained summary judgment in retaliatory discharge case.
Equal Employment Opportunity Commission v. Foley Products Company, Inc
. (Middle District of Alabama 2012) - Negotiated consent decree with federal government in race case.
L3 Communications Systems Field Support, NAS Fallon, home of Topgun
(Nevada 2012) - Handled five disciplinary arbitrations involving maintenance and repair of Naval strike fighter aircraft.
Medplan, Inc. v. Stevens
(Jefferson County Circuit Court 2011) - Obtained favorable settlement for client resulting in three-year noncompete agreement being dissolved.
Hernandez v. Brasfield & Gorrie, LLC
(Jefferson County Circuit Court 2011) - Obtained summary judgment in retaliatory discharge case because plaintiff was not legally authorized to work in the
CRC Insurance Services, Inc. v. Cooper
(Jefferson County Circuit Court 2010) - Successfully defended attempt by former employer to obtain injunction for alleged noncompete violation after a
one-week trial. Case ultimately was settled.
Jim Walter Resources, Inc. v. United Mine Workers of America
(N.D. Ala and Eleventh Circuit Court of Appeals 2010) - After oral argument, Eleventh Circuit ruled that company’s strike damage claims were not barred by
collective bargaining agreement.
Walton v. Neptune Technologies, Inc.
(M.D. Ala. 2009) - Obtained defense verdict in sex harassment, retaliation, and ADA case brought by woman accusing manager who had left company and could
not be found.
Gamble v. St. Vincent Hospital
(Jefferson County Circuit Court 2010) - Successfully defeated class action allegations in case involving employee benefit plan.
Graham v. Oak Grove Resources, Inc.
(Jefferson County Circuit Court 2009) - Obtained favorable settlement in coal mine death case against individual supervisors after three days of trial
D.O.L. v. Cowin & Co
. (D.O.L. 2008) - Obtained favorable settlements with MSHA in zinc mine fatality.
Troup v. Brasfield & Gorrie, LLC
(Baldwin County Circuit Court 2007) - Obtained summary judgment for defendant in retaliatory discharge and outrage case.
Patilla v. Pittsburg & Midway Coal Mining Co., et al.
(Fayette County Circuit Court 2007) - Obtained summary judgment for defendants in co-employee liability case involving coal mine fatality.
Mountain Brook Club v. Southern Golf & Logo
(Shelby County Circuit Court 2007) - Obtained verdict for plaintiff club against insurance agent who failed to provide a Porche as a hole-in-one prize.
Pittsburg & Midway Coal Mining Co. v. Tuscaloosa County Special Tax Board
(Tuscaloosa County 2006) - Obtained multiple favorable circuit court rulings resulting in two favorable Alabama Supreme Court opinions regarding the proper
recipient of use tax.
Vickery v. Cavalier Homes
(N.D. Ala. 2005) - Obtained defense verdict after week-long trial in ADA case brought by a woman with breast cancer.
Shariff v. AHSAA
(N.D. Ala. 2004) - Obtained bench decision in favor of state sports organization which determines eligibility of high school football players.
Rubley v. Pittsburg & Midway Coal Mining, Inc
. (Tuscaloosa County Circuit Court 2004) - Obtained appellate court decision in favor of defendant in case brought over a death at a coal mine.
Republic Paperboard Company, LLC -
Obtained confidential settlement in representing plaintiff in dispute over a paperboard mill foundation after more than 50 depositions taken in 15 states.
Kutzley v. Cavalier Manufacturing, Inc.
(Marion County Circuit Court 2002) - Obtained summary judgment for individual defendant in sexual harassment case.
P.R. Jones v. Pittsburg & Midway Coal Mining Co.
(N.D. Ala. 2002) - Obtained favorable settlement of discharged local union president after one day of trial.
Norman v. Brasfield & Gorrie, LLC
(N.D. Ala. 2001) - Obtained summary judgment in racial harassment case in which offensive graffiti and objects had been alleged.
Tougas v. Susquehanna Radio Corporation
(N.D. Ala. 2001) - Obtained summary judgment for radio station and employee in sexual harassment case.
Yancy v. Meadowcraft, Inc.
(Jefferson County Circuit Court 2001) - Obtained jury verdict for defendant in week-long retaliatory discharge case tried solo in Birmingham.
Thames v. Property Owners Association of Ono Island, Inc.
(Baldwin County Circuit Court 2001) - Obtained favorable bench decision in dispute over proper set-back lines from shoreline in upscale development on the
Gulf of Mexico.
Gibson v. Amateur Softball Association of America
(Jefferson County Circuit Court 1999) - Obtained favorable ruling on injunction request and ultimately summary judgment in franchising dispute for national
Storie v. Alacare
(DeKalb County Circuit Court 1999) - Obtained favorable settlement in retaliatory discharge case after striking jury.
Marino v. Carpet Max
(Jefferson County Circuit Court 1998) - Obtained directed verdict at close of all the evidence in a fraud and breach of contract case involving a
Womack v. Lowe’s Home Centers, Inc.
(Mobile County Circuit Court 1997) - Obtained summary judgment in retaliatory discharge case in Mobile.
Snow v. Cowin & Company, Inc.
(National Labor Relations Board 1996) - Obtained bench verdict before ALJ in case in which union official alleged discharge was due to union activities.
Felton v. City of Auburn
(M.D. Ala. 1996) - Obtained favorable settlement after striking jury in federal civil rights case brought by class of firefighters.
Kimbrell v. Association Life Insurance Co.
(M.D. Ala. 1996) - Obtained favorable bench ruling in ERISA case brought by executive who failed to disclose cancerous condition prior to hire.
Jim Walter Resources, Inc. v. United Mine Workers of America
(N.D. Ala. 1995) - Obtained negotiated settlement of damages case against union and its locals for unauthorized work stoppage.
Mann v. Arrowhead Country Club
(M.D. Ala. 1995) - Obtained summary judgment in case brought by discharged tennis pro.
Moore v. Pittsburg & Midway Coal Mining Co.
(N.D. Ala. 1995) - Obtained summary judgment and Eleventh Circuit decision in Section 301 case brought by coal miner denied certain disability benefits.
Rousey v. Pine Tree Country Club
(N.D. Ala. 1995) - Obtained summary judgment in case brought by discharged golf pro.
Prince v. United Parcel Service, Inc.
(N.D. Ala. 1994) - Obtained bench decision in race discrimination case after week-long trial involving delivery driver.
Trinity Industries, Inc. v. United Steel Workers of America
(Jefferson County Circuit Court 1992) - Obtained multiple injunctions against union during violent strike during which tear gas was used and shootings
Doe v. Riverchase County Club
(Shelby County Circuit Court 1991) - Obtained bench decision after trial of sex discrimination case.
NCAA v. Auburn University
(NCAA 1988) - Obtained favorable ruling for football coach after traveling around country interviewing witnesses related to alleged recruiting violations.
Price & Vacha v. Jim Walter Resources, Inc.
(D.O.L. 1988) - Tried multiple cases in multiple venues and obtained rulings in favor of coal operator implementing major drug testing initiative.
Darnell v. Jim Walter Resources, Inc
. (N.D. Ala. 1986) - Tried solo within six months of beginning practice and obtained bench decision in favor of defendant in race discrimination case which
was appealed all the way to United States Supreme Court.
Advised and represented many companies on a variety of complex layoff issues including one which resulted in a well-known WARN decision in the country.
Lead counsel for briefing and oral argument in multiple Eleventh Circuit appeals.
Lead counsel in multiple union campaigns for companies in north and south Alabama which resulted in victories for the employers.
Lead counsel for multiple owners and contractors in arbitration and various methods of alternative dispute resolution.
Lead counsel in scores of cases for manufacturing and mining companies brought under the NLRA, MSHA, OSHA, the Black Lung Act, and various discrimination
Negotiated multiyear collective bargaining agreements for national hardware distributor and furniture manufacturers.