Jennifer McGahey is a litigation partner with extensive experience in commercial litigation and labor and employment matters. She represents clients of all sizes – from large Fortune 500 companies to small family-owned businesses and non-profit organizations – in a variety of industries, including e-commerce, natural resources, healthcare and retail. Jennifer enjoys collaborating with her clients and team to efficiently and creatively address the challenges of litigation, particularly complex, multi-forum litigation. In this vein, Jennifer currently serves as national counsel for a major facilitator of online travel reservations in lawsuits, audits and administrative proceedings throughout the United States. Most recently, she obtained a significant victory for this client after a two-week trial in New Hampshire state court – only the second case to be tried to judgment in the more than 10-year history of this litigation.
In addition, Jennifer serves on the firm’s Recruiting Committee and Diversity Advisory Committee and has chaired both committees. She also regularly volunteers at the Old Firehouse Men’s Shelter, where she cooks meals for the homeless and serves on the Board of Directors.
Listed in Mid-South Super Lawyers, Business Litigation, 2017-2021 Listed in Alabama Super Lawyers, "Rising Star," Business Litigation, 2012-2013 Listed in The Best Lawyers in America®, Litigation – Labor and Employment, 2015-2022 Listed in Benchmark Litigation Labor & Employment Star, 2020-2022 Listed in B-Metro “Top Women Lawyers,” 2016-2020 "Top Lawyers," 2019-2020 Listed in Birmingham Business Journal, “Top 40 Under 40,” 2017 Listed in Lawdragon 500 Leading U.S. Corporate Employment Lawyers, 2020, 2022 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. Galloway v. Aletheia House, Inc., 2013 WL 597783 (11th Cir. Feb. 15, 2013) Summary judgment affirmed in favor of non-profit in ADA case by legally blind individual alleging failure to hire and failure to provide reasonable accommodation. 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. Smith v. Boyd Bros. Transportation, Inc., 406 F.Supp. 2d 1238 (M.D.Ala. 2005) Summary judgment on numerous tort claims. 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. Action seeking to enjoin branding of retail oil outlets Defense of major oil company in action seeking to enjoin permanently the branding of retail outlets in specific geographic market. Arbitor's ruling in discrimination case 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. Claim of lifetime employment contract Tried to verdict claim of lifetime employment contract for international healthcare company. Defense of pharmaceutical company in product liability action Defense of pharmaceutical company in product liability action involving oral contraceptive. Defense of whistleblower claim Represented maintenance contractor in its successful defense of whistleblower claim brought pursuant to Energy Reorganization Act. Defense verdcit in FMLA case Defense verdict in favor of unionized manufacturing company in FMLA case brought by employee terminated under company’s attendance policy. Defense verdict in FMLA retaliation Defense verdict in favor of trucking company in former truck driver’s FMLA retaliation claim. Dismissal of claims against corporate officers Dismissal of claims brought against individual corporate officers of bank and mortgage servicing company for lack of personal jurisdiction. Dismissal of several copycat actions Dismissal of several copycat actions alleging violations of numerous federal and state lending laws. Illegal work stoppages litigation Representation of Alabama coal mine as plaintiff in action against union for illegal work stoppages. Investment fraud Defense of client alleged to have committed investment fraud in over 30 cases through State of Alabama. Labor and Employment Class Action Representation of hospital system in class action concerning changes made to sick leave policy. Litigation regarding failure to purchase loans Representation of lender against other lending institutions for failure to repurchase loans. Online Travel Company Hotel Occupancy Tax Litigation Bradley is working with another major national firm in defense of a number of cases and claims filed in various states that seek to hold web-based travel companies responsible for certain lodging taxes. While hotels pay taxes on what is paid to them, the cases generally allege that these online travel companies violate state and local tax codes by failing to collect and remit additional occupancy taxes on the margin and service fees that are paid to and retained by the online travel companies for their services. Suit against manufacturer of coal mining equipment Successful representation of coal operator as plaintiff in action against manufacturer of hydraulic support longwall shields. Summary judgment in breach of warranty case Summary judgment in favor of petroleum pellet manufacturer in breach of warranty claims arising out of catastrophic failure of roofing system. Summary judgment in discrimination case Received summary judgment in favor of medical laboratory testing company on former employee’s claims of gender, pregnancy, race, and disability discrimination. Summary judgment in labor and employment litigation Obtained summary judgment for local, family-owned business on all claims arising out of altercation between two former employees. Summary judgment in subsidence action Summary judgment for Alabama coal mine in mining subsidence action. Summary judgment in TILA action Summary judgment in favor of lender and mortgage servicing company in TILA action.