Month: October 2018
WEEK IN REVIEW
Here is a snapshot of the cases filed by Wiggins, Childs, Pantazis, Fisher and Goldfarb LLC in the past week:
Federal Filings:
October 24, 2018
Schoerner v. Max Express Inc. et al
- Filed by Craig L. Lowell in the United States District Court for the Northern District of Alabama Western Division
- Civil Action No.: 7:18-cv-01761-LSC
- Type of case: Car Accident, Negligence, Wantonness, Negligent Entrustment, Negligent Supervision, Uninsured Coverage
October 23, 2018
Zeanah v. Aronov Realty Management, Inc.
- Filed by Temple D. Trueblood in the United States District Court for the Middle District of Alabama Northern Division
- Civil Action No.: 2:18-cv-000907-GMB
- Type of case: Title VII, Equal Pay Act, Employment Discrimination, Sex Discrimination, Retaliation, Hostile Work Environment
October 22, 2018
Peoples-James v. Stillman College et al
- Filed by Gregory O. Wiggins in the United States District Court for the Northern District of Alabama Western Division
- Civil Action No.: 7:18-cv-01741-LSC
- Type of case: Age Discrimination Employment Act (ADEA), Employment Discrimination, Age Discrimination, Retaliation
Hooters and Hobby Lobby Lawsuits Display Legal Versitility of Wiggins Childs Attorneys
While cases against restaurants featuring scantily clad waitresses, and cases against buttoned down Hobby Lobby seem to be as far apart as possible on the poles of the consumer gambit, one Wiggins Childs attorney has provided legal counsel to clients involved with both consumer chains. In both arenas, Brian Clark, at the firm since 1993, prides himself in being a jack-of-all-trades in his legal practice. His cases vary from personal injury cases, business disputes, exotic dancer employment cases, to cases involving the rental of cable boxes. As one of the more versatile lawyers at the firm, it comes as no surprise he also welcomes cases involving waitresses, or class actions challenging Hobby Lobby’s coupon-based sales methodology.
The cases involving a niche in the restaurant industry including Hooters, Tilted Kilt, while perhaps eyebrow raising at first, are not, Clark says, sexy cases. The complaints of the waitresses at these restaurants fit into any run of the mill cases regarding paying workers for the time they are doing just that: working. The Fair Labor Standards Act protects the staff at these eateries; he upholds the belief that regardless of the work environment, employees must be paid what they have earned under the law, and “while they may be a sizzle to the names of the restaurants, they aren’t sexy cases. They’re just about not paying workers.” This cut and dry approach makes Brian Clark a no-nonsense go-to for this type of work.
The gist of these cases is that under the employers’ practices, the staff would have to work off the clock before and after her shifts, wiping down tables, restocking the bar, etc. but not getting paid. In addition to after shift work, the allegations in these cases is that the waitresses would have to attend a meeting and attire check to make sure they were “Camera Ready,” all before being allowed to clock in. Clark asserts under the Fair Labor Standards Act, this type of off the clock work is illegal and the staff should be paid according to their time working.
While the niche restaurant cases are, in terms of legal theory, garden variety, Clark’s present class action against Hobby Lobby and the use of coupons is more complicated. Representing consumers, the question must be asked, “What is a regular price?” For example, certain items at Hobby Lobby are marked as always 30% off. The item then has two price stickers on it: one with a “marked price”—an inflated value—and a lower “sale” price of 30% less than the former. Clark’s case argues this practice falls under the Deceptive Trade Practices Act, and is deceptive because the arbitrary higher price is never charged, to anyone. How can it be the “regular” price? A coupon for 40% of the “regular price” should actually be applied to the price at which the item is “regularly’ or “always”, sold at.
While Brian Clark enjoys his varying practice topics, don’t let these cases fool you—Clark has appeared before the U.S. Supreme Court twice, and argued once. He has a Bachelor’s degree from the University of Alabama (1988) and a law degree (1991) from the University of Georgia. Between undergraduate and law school, Clark worked at the U.S. Office of Personnel Management in Washington D.C. and ultimately joined Wiggins Childs in 1993. Clark grew up in chilly Illinois and now enjoys refereeing hockey and umpiring baseball games when he’s not researching his new cases.
WEEK IN REVIEW
Here is a snapshot of the cases filed by Wiggins, Childs, Pantazis, Fisher and Goldfarb LLC in the past week:
Federal Filings:
October 15, 2018
Lusk v. Daewon America, Inc.
· Filed by Rachel L. McGinley and Kevin W. Jent in the United States District Court for the Middle District of Alabama Eastern Division.
· Civil Action No.: 18 cv-00884-SRW
· Type of case: Americans with Disabilities Act (ADA), Employment Discrimination, and EEOC
Rohrscheib v. City of Cullman and the Cullman Police Department
· Filed by Russell W. Adams in the United States District Court for the Northern District of Alabama Northeastern Division.
· Civil Action No.: 18-cv-01696-HNJ
· Type of case: Title VII, Employment Discrimination, Gender Discrimination, Retaliation and EEOC
October 12, 2018
Palmisano v. Perry’s Steakhouse of Alabama, LLC
· Filed by Rocco Calamusa, Jr. and Kevin W. Jent in the United States Court for the Northern District of Alabama Southern Division.
· Civil Action No.: 2018-cv-01677-TMP
· Type of case: Sex Harassment, Title VII, 42 U.S.C. § 1981, Sex Discrimination, Employment Discrimination, Invasion of Privacy, Negligent/Wanton Retention, Negligent/Wanton Supervision, Negligent/Wanton Training, and Outrage
Inmates Represented by Wiggins Childs Attorneys Granted Class Certification in Nashville, Tennessee Federal District Court
On October 3, 2018, the District Court for the Middle District of Tennessee Nashville Division issued an order granting Plaintiffs’ Motion for Class Certification. Plaintiffs assert that Defendants Tennessee Department of Corrections, Parker (as Commissioner), and CoreCivic, have deprived, and continue to deprive Plaintiffs of access to basic diabetes care at Trousdale Turner Correctional Facility. Plaintiffs moved the Court to certify a class of all persons with insulin-dependent diabetes who are, have been, or may become housed at Trousdale. Plaintiffs’ class action sought declaratory and injunctive relief. The Court certified the class as follows:
All inmates with Type I and insulin-dependent Type II diabetes who are or may become housed at Trousdale Turner Correctional Facility and who require access to blood sugar checks and insulin administration in coordination with regular mealtimes.
The Court appointed the named Plaintiffs, Dodson and Vick, as class representatives. Jon C. Goldfarb and L. William Smith are lead counsel representing the certified class.
WEEK IN REVIEW
Here is a snapshot of the cases filed by Wiggins, Childs, Pantazis, Fisher and Goldfarb LLC in the past week:
Federal Filings:
October 9, 2018
Craig v. Roar Management Group, LLC
· Filed by Gregory O. Wiggins in the United States District Court Northern District of Alabama Southern Division
· Civil Action No.: 2:18-cv-01658-AKK
· Type of case: Race Discrimination; Employment Discrimination, EEOC, 42 U.S.C. § 2000e, 42 U.S.C. § 1981
State Filings:
October 8, 2018
Decker v. Shell Oil Company
· Filed by Joshua R. Gale in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida.
· Civil Action No.: Filing # 78998448
· Type of case: Injunctive relief, Nuisance, Property Damages, Hazardous Substances
McDaniel v. Shell Oil Company
· Filed by Joshua R. Gale in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida.
· Civil Action No.: Filing # 78998624
· Type of case: Injunctive relief, Nuisance, Property Damages, Hazardous Substances
Ferrell v. Shell Oil Company
· Filed by Joshua R. Gale in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida.
· Civil Action No.: Filing # 78998016
· Type of case: Injunctive relief, Nuisance, Property Damages, Hazardous Substances
Sharff v. Shell Oil Company
· Filed by Joshua R. Gale in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida.
· Civil Action No.: Filing # 78997889
· Type of case: Injunctive relief, Nuisance, Property Damages, Hazardous Substances
Decker v. Shell Oil Company
· Filed by Joshua R. Gale in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida.
· Civil Action No.: Filing # 78996796
· Type of case: Injunctive relief, Nuisance, Property Damages, Hazardous Substances
Rodriguez v. Shell Oil Company
· Filed by Joshua R. Gale in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida.
· Civil Action No.: Filing # 78996608
· Type of case: Injunctive relief, Nuisance, Property Damages, Hazardous Substances
Bogutzki v. Shell Oil Company
· Filed by Joshua R. Gale in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida.
· Civil Action No.: Filing # 78996420
· Type of case: Injunctive relief, Nuisance, Property Damages, Hazardous Substances
Lau v. Shell Oil Company
· Filed by Joshua R. Gale in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida.
· Civil Action No.: Filing # 78996239
· Type of case: Injunctive relief, Nuisance, Property Damages, Hazardous Substances
Miller v. Shell Oil Company
· Filed by Joshua R. Gale in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida.
· Civil Action No.: Filing # 78995823
· Type of case: Injunctive relief, Nuisance, Property Damages, Hazardous Substances
Marx v. Shell Oil Company
· Filed by Joshua R. Gale in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida.
· Civil Action No.: Filing # 78995563
· Type of case: Injunctive relief, Nuisance, Property Damages, Hazardous Substances
Bondensen v. Shell Oil Company
· Filed by Joshua R. Gale in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida.
· Civil Action No.: Filing # 78995212
· Type of case: Injunctive relief, Nuisance, Property Damages, Hazardous Substances
Downer v. Shell Oil Company
· Filed by Joshua R. Gale in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida.
· Civil Action No.: Filing # 78995046
· Type of case: Injunctive relief, Nuisance, Property Damages, Hazardous Substances
Riley v. Shell Oil Company
· Filed by Joshua R. Gale in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida.
· Civil Action No.: Filing # 78996018
· Type of case: Injunctive relief, Nuisance, Property Damages, Hazardous Substances
WEEK IN REVIEW
Here is a snapshot of the cases filed by Wiggins, Childs, Pantazis, Fisher and Goldfarb LLC in the past week:
Federal Filings:
October 2, 2018
Alex Herrera v. Shell Oil Company
· Filed by Joshua R. Gale in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida.
· Civil Action No.: Filing # 78739761
· Type of case: Injunctive relief, Nuisance, Property Damages, Hazardous Substances
Anita Lebeau v. Shell Oil Company
· Filed by Joshua R. Gale in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida.
· Civil Action No.: Filing # 78740042
· Type of case: Injunctive relief, Nuisance, Property Damages, Hazardous Substances
Anselmo Irizarry v. Shell Oil Company
· Filed by Joshua R. Gale in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida.
· Civil Action No.: Filing # 78740372
· Type of case: Injunctive relief, Nuisance, Property Damages, Hazardous Substances
Bruce L. Ruka v. Shell Oil Company
· Filed by Joshua R. Gale in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida.
· Civil Action No.: Filing # 78740857
· Type of case: Injunctive relief, Nuisance, Property Damages, Hazardous Substances
Bruce W. Bacom v. Shell Oil Company
· Filed by Joshua R. Gale in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida.
· Civil Action No.: Filing # 78740632
· Type of case: Injunctive relief, Nuisance, Property Damages, Hazardous Substances
Dale L. Breedlove v. Shell Oil Company
· Filed by Joshua R. Gale in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida.
· Civil Action No.: Filing # 78741350
· Type of case: Injunctive relief, Nuisance, Property Damages, Hazardous Substances
David W. Woolard v. Shell Oil Company
· Filed by Joshua R. Gale in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida.
· Civil Action No.: Filing # 78741562
· Type of case: Injunctive relief, Nuisance, Property Damages, Hazardous Substances
Douglas W Fiebelkorn v. Shell Oil Company
· Filed by Joshua R. Gale in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida.
· Civil Action No.: Filing # 78741782
· Type of case: Injunctive relief, Nuisance, Property Damages, Hazardous Substances
October 1, 2018
· Filed by Jon C. Goldfarb, L. William Smith, and Christina Malmat in the United States District Court for the Middle District of Alabama Northern Division.
· Type of case: Title VII, ADEA, Employment Discrimination, Age Discrimination, Gender Discrimination, EEOC
Henderson v. Mobile County Board of Education
· Filed by Jon C. Goldfarb and L. William Smith in the United States District Court for the Southern District of Alabama Southern Division.
· Civil Action No.: 18-cv-00424-TM-M
· Type of case: Title VII, 42 U.S.C. § 1981, Employment Discrimination, Race Discrimination, EEOC
Kelly v. Fourth Avenue Super Market Inc. et al
· Filed by Samuel Fisher and Sidney M. Jackson in the United States District Court for the Northern District of Alabama Southern Division.
· Civil Action No.: 18-cv-01607-TMP
· Type of case: Americans with Disabilities Act (ADA), Employment Discrimination, Discriminatory Discharge
Turner v. Jefferson County Commission et al
· Filed by Robert J. Camp in the United States District Court for the Northern District of Alabama Southern Division.
· Civil Action No.: 18-cv-01609-JEO
· Type of case: Title VII, 42 U.S.C. § 1981, Employment Discrimination, Race Discrimination, Retaliation, First Amendment, Fourteenth Amendment, EEOC
September 27, 2018
Phelps v. Dolgencorp LLC
· Filed by Rocco Calamusa, Jr. and Rachel L. McGinley in the United States District Court for the Northern District of Alabama Northern Division.
· Civil Action No.: 18-cv-01588-HNJ
· Type of case: Americans with Disabilities Act (ADA), Employment Discrimination, EEOC
WEEK IN REVIEW
Here is a snapshot of the cases filed by Wiggins, Childs, Pantazis, Fisher and Goldfarb LLC in the past week:
Federal Filings:
September 28, 2018
Phelps v. Dolgencorp LLC
- Filed by Rocco Calamusa, Jr. and Rachel L. McGinley in the United States District Court for the Northern District of Alabama Northeastern Division.
- Civil Action No.: 18-cv-01588-HNJ
- Type of case: American with Disabilities Act (ADA), Employment Discrimination, E.E.O.C.
September 25, 2018
Puckett v. KTH Leesburg Products LLC
- Filed by Jon C. Goldfarb and L. William Smith in the United States District Court for the Northern District of Alabama Southern Division.
- Civil Action No.: 1:18-cv-01577-TMP
- Type of case: Age Discrimination, Employment Discrimination, E.E.O.C.