During his nearly 25 years with the firm, John has tried jury and non-jury cases in both state and federal courts. He also has handled matters in a variety of areas including commercial disputes, noncompete cases, trade secret cases, product liability lawsuits, employment discrimination cases, patent and trademark infringement matters, and personal injury cases. He regularly advises clients on labor and employment matters.
Herring's Air Conditioning Service, Inc., v. Service Tech Inc., U.S. District Court for the Northern District of Alabama, 2:09-CV-2440-RDP
Successfully resolved a trademark infringement lawsuit brought against our client for the use of the plaintiff's trade name in software code used to create an internet video advertisement. Through the hidden use of the plaintiff's trade name, the vendor that created the advertisement and uploaded it onto the internet caused internet users who were searching for plaintiff to be directed to links to our client's advertisement. Plaintiff sued for the misuse of plaintiff's trade name.
BE&K Construction Co. v. United Brotherhood of Carpenters and Joiners of America, AFL-CIO, 688 So.2d 246 (Ala.), cert. denied, 521 U.S. 1118 (1997)
Robert and Elena DeFranceschi v. GMAC Mortgage, LLC, NO. 352-247037-10, District Court for the 352nd Judicial District, Tarrant County, Texas
Obtained unanimous jury verdict after three-day trial in wrongful foreclosure case. Plaintiffs sued for fraud, breach of contract, anticipatory breach of contract, gross negligence, bad faith and unfair collection practices.
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.
Samuel Barnes, III v. Howmedica Osteonics Corp., 3:09-CV-2556-CLS, U.S. District Court for the Northern District of Alabama
Obtained summary judgment in a products liability lawsuit filed against medical device maker on the basis of federal preemption pursuant to the FDA’s 510k approval process.
James Ginn v. Stryker Corporation, 1:09-CV-1939, U.S. District Court for the Northern District of Alabama
Obtained dismissal in a products liability lawsuit filed against medical device maker on the basis of federal preemption pursuant to the FDA’s 510k approval process.
Ram Tool & Supply Co., Inc. v. HD Supply Construction, LTD d/b/a White Cap Construction Supply, et al., 2:11-cv-2010-LSC, U.S. District Court for the Northern District of Alabama
Following evidentiary hearing, defeated motion for preliminary injunctive relief filed against client by competitor in commercial construction supply business. Competitor claimed that former employees conspired with client to open competing branch using trade secrets. Competitor, which had obtained ex parte TRO temporarily blocking client’s branch from operating, sued for violations of state law trade secrets act, interference with business relations, breach fiduciary duties, and conspiracy.
Cromer v. Winn-Dixie Montgomery, LLC, 2:11-cv-00496-IPJ, U.S. District Court for the Northern District of Alabama
Obtained summary judgment in federal disability discrimination, retaliation and FMLA lawsuit.
Combs v. Meadowcraft Co., 106 F.3d 1519 (11th Cir. 1997)
Varonica L. Udeh v. Winn-Dixie Montgomery, LLC, Case No. 2:11-cv-1722-MHH (N.D. Ala. 2015)
Obtained defense verdict at trial in which plaintiff alleged employer terminated her because of her pregnancy in violation of Title VII and the Pregnancy Discrimination Act.