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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
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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.

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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

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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. 

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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

 

interior upstairs employment law firm birmingham al

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

Moseley v. BB&T Corporation

·                     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

 

interior of a conference room of a birmingham alabama employment law firm

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.
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