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Greg Wiggins - A Family Affair

Wiggins Childs is proud to be a firm of attorneys and staff who not only support one another like family in and out of the office, but a firm that prides itself in being a career home for many actual family members.  When a father, a sister, or a brother does great work, inspiration can help other perceptive family members to create new goals for themselves, only to find a niche in the very office of those they had been watching.  This is the case for Greg Wiggins, younger brother to Wiggins Childs’s very own founding partner, Bob Wiggins.  By setting an admirable example both in work ethic and moral character, Bob paved the way for his brother Greg to join the WC team, making the legal work they provide a family affair.

Gregory O. Wiggins Member

After graduating Auburn University and working for four years for Roadway Express – a company that moved Greg all over the Southeast during his short stay – Greg ultimately decided he would like to come back home to Birmingham, for good.  After brainstorming with his brother, Bob, the two agreed that Greg would enroll at The Birmingham School of Law and come to work at the firm then known as Gordon Silberman Wiggins and Childs, LLC.  Greg started working on employment discrimination law, something he was drawn to because he saw the unjust ways in which minorities all across the board were being treated at their jobs.  “My dad was a working man,” recalls Greg fondly of his South Carolinian machinist father, “so I fell on the side of the working man.” A simple family pattern of moral character instilled by the Wiggins father had unknowingly paved a path, which would support, protect, and defend so many other working men and women across the nation.

 

“My first ten years of work was doing strictly employment discrimination work. I enjoyed it tremendously.  All the facts were different.  Each case was different,” Greg reminiscences.  But in 2001 after a decade of work, he found himself growing interested in FLSA employee compensation cases.  “FLSA was being severely violated across the board, especially in the retail industry when it came to exempt or nonexempt titles.  They were giving employees titles of Manager but they had no management duties – no hiring, firing, scheduling,” Wiggins remembers.  “They would give these employees a salary and a title, which was extremely important to these workers, but we soon found out under FLSA, these workers were not allowed the full spectrum of duties required to be a non-exempt employee, thus violating FLSA.” On top of this type of falsely-titled promoting within these companies, Wiggins discovered one retail chain with nearly 5,000 stores was asking their managers to work 60-80 hours a week doing un-managerial duties – another clear violation of FLSA guidelines. With a defense hinging on that retailer’s business matrix and pay scale, the case went on for ten years – going to trial twice after four failed attempts to settle. Ultimately, the two-week long trial provided tremendous amounts of documents, exhibits, and witnesses, all supporting the prosecution.  “The jury was out about 30 minutes, and fines ultimately exceeded 50 million dollars,” Wiggins confirms.  “This ten years of work made me aware of the inequities about how employers were treating employees when it came to pay. All we wanted was a fair day’s pay for a fair day’s work. We thought, if they are cheating all the employees out of their pay, what are they doing to the women’s pay?”  From the initial case sprang a discrimination case, this time fighting on behalf of the retailer’s female staff.  “We had studies done, and the results were clear: they were paying women grossly less than the male employees for doing the same job.” Another suit against the same company was filed, earning victims lost wages.  Greg Wiggins and the Wiggins Childs team were now an enormous force in publicly exposing greedy corporations using unethical and illegal business tactics.

 

Over the last 20 years, Greg Wiggins has worked on nearly 30 FLSA cases, notorious for being a case type that takes a long time. “We’ve been very fortunate with them – winning 90-95% of the cases in this area,” he confirms.  “The violations are so willful. Corporations don’t try to hide anything. That has been the focus of my practice since about 2001, although I do a lot of employment discrimination cases too.  The only difference about employment discrimination is companies hide it better now.”  When asked about his role at Wiggins Childs, Greg is thankful.  “I’m fortunate for working for a firm that supports the working man. [My brother] Bob was a big influence in the area of choosing the type of work I do. I watched what he went through and how passionate he was.  My brother got me into it – taught me a whole lot as far as what you need to look for, taught me that all the “fake news” that there is no discrimination going on in companies is simply not true. It goes on everyday.  We’re very passionate about our work – we are one of the few firms that do this nationwide.”

 

When Greg Wiggins isn’t working on one of his many ongoing FLSA or employment discrimination cases, he enjoys spending time with his four grandchildren, four daughters, and his wife, Traci, who he admits wears many hats in his life.  Having played all sports growing up, Greg enjoys golfing when time permits, indulging in his biggest passion: his love of Auburn University (War Eagle!) and spending time at the lake or at the beach, surrounded by family.

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Automobile Accident Checklist

If you have ever been involved in an automobile accident, you know it is a confusing and scary time. Odds are that most people will be involved in some form of automobile accident at some point in their life. According to the World Health Organization’s statistics, every year, over 2.35 million people in the United States are injured or disabled as a result of automobile accidents on.

Craig Lowell has been with Wiggins, Childs, PanCraig Lowell Membertazis, Fisher & Goldfarb since 1995. He has a broad array of practice areas, but has avidly fought for automobile accident victims against large insurance companies. As an individual involved in an automobile accident, it is imperative to contact an attorney as quickly as possible. “Big insurance companies begin to investigate the accident as soon as it happens and they are notified,” said Lowell, “and as a victim or party to an automobile accident, an attorney can make sure you’re afforded the same investigation.” The sooner an attorney begins investigating your case, the more data and information they will have access to.

So what are some initial steps to take if you find yourself in an automobile accident?

  • First and foremost, make sure that you, and anyone in your vehicle, is OK;
  • Check on the status and safety of those around you;
  • Contact the police;
  • Contact a lawyer.

“My passion is helping people,” said Lowell, “making sure they’re treated fairly, and that the rules of the road are upheld. But mostly, I am passionate about people being safe.” Should you need consultation regarding an automobile accident, please reach out to Craig Lowell or call (205) 314-0500.

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-Happy Holidays-

This Holiday season, the men and women of Wiggins, Childs, Pantazis, Fisher & Goldfarb were fortunate enough to partner with Habitat for Humanity of Greater Birmingham, a truly wonderful organization, in helping to provide homes for families in Birmingham. We wish everyone a happy holidays, and a prosperous New Year.

 

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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 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

 

9-11

Remembering 9/11

“We came in as individuals. And we’ll walk out together.”
-- Joe Bradley, Operating Engineer and Recovery Worker at Ground Zero, May 2002.

Wiggins Childs Pantazis Fisher & Goldfarb would like to take the time to remember all the lives lost on September 11th, 2001. While time continues to pass, the horrors of that day live on in our memories, but also in the work we do. Over the last 17 years, we have worked on behalf of families of 9/11 victims not for money damages, but for answers about that infamous day. Though we have obtained judgments on behalf of family members that exceed billions of dollars, the untold losses rise far beyond any dollar compensation.

 

While our courtroom successes for these judgments has been tremendously successful, it is our fight for truth that ignites our passion for these sensitive cases. The rewards we gain as a firm are strong relationships with incredible families. We have watched the babies of victims grow up into adults, marrying, now with babies of their own. We are proud to represent such amazing, resilient individuals who welcome us into their worlds and trust us year after year to fight for truth on their behalf.

 

The Wiggins Childs Pantazis Fisher & Goldfarb team continues to work for these causes in our 9/11 cases. While money damages are the only judgments we can seek within the confines of the courtroom, our true objective is to help bring closure to the families with whom we have worked so closely for so many years. We would like to acknowledge today on behalf of the many affected families and the lives lost 17 years ago. May we never forget and may we never stop fighting.

 

Wiggins Childs Announces Judgment in Fifth Avenue Tower Lawsuit

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Best Lawyers in America 2019

Wiggins Childs Pantazis Fisher & Goldfarb is proud to announce that the practice has been regionally ranked in the 2019 list of Best Law Firms.  We are proud our work continues to be recognized by our peers at Best Lawyers as some of the most prolific in the country.

 

In addition to the firm as a whole, we applaud six of our attorneys who have been included in the 2019 edition of The Best Lawyers in America. Best Lawyers recognizes legal excellence across the globe, and we are thrilled the following attorneys are acknowledged in this year’s list:

 

Robert J. Camp – Labor & Employment Litigation

Samuel Fisher – Civil Rights Law

Jon C. Goldfarb – Civil Rights Law

Candis McGowan – Labor & Employment Litigation

Dennis G. Pantazis – Civil Rights Law

Temple D. Trueblood – Labor & Employment Litigation

 

The Best Lawyers in America catalogues high caliber legal talent across the nation each year. First published in 1983, names on this internationally recognized list are peer-reviewed and scrutinized for professional expertise in their own practice areas. To be included is a great honor, and we extend our congratulations to those chosen this year.

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Back to School with Section 504 and the ADA

Wiggins Childs Pantazis Fisher and Goldfarb, LLC takes great pride in the diversity of our representation. One of these areas involves the representation of children with disabilities in securing non-discriminatory placements as well as a free appropriate public education (FAPE) and other services, in accordance with the Individuals With Disabilities Education Act (IDEA), 20 U.S.C. 1400, et. seq., Section 504 of the Rehabilitation Act (Section 504), 29 U.S.C. 794, and the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et. seq. Deborah Mattison works with Rachel McGinley to assure that such children receive the individualized instruction and related services to which they are entitled. Attorneys Mattison and McGinley’s practice also includes other related matters involving children with disabilities and their families, such as redressing harassment, bullying, and other discrimination.

 

Attorney Mattison’s legal background is unique. Upon graduating from the Antioch School of Law in 1980 in Michigan with a focus in social justice, Mattison worked for Michigan Protection and Advocacy Service, a private non-profit agency dedicated to protecting the rights of persons with disabilities. Ultimately Mattison became the Legal Director for the agency. There she focused on social justice issues involving persons with disabilities. In addition to her advocacy related to the deinstitutionalization of persons with developmental disabilities, she worked to stop the practice of sterilizating persons with disabilities without their consent. Mattison also worked to assist parents secure appropriate educational placements; and she was involved in cases aimed at preventing the use of aversive behavioral interventions, such as contingent electronic shock on children with special needs. In 1993, Mattison was presented with a House and a Senate Resolution from the Michigan Legislature honoring her work in these areas.

 

In 1993, Mattison moved to Birmingham. Prior to moving, Ms. Mattison searched for the firm in Alabama which was best-suited to enable her to continue working on behalf of children and adults with disabilities. After meeting with several firms, Mattison joined the Wiggins Childs team because of its historic track record supporting social justice. The ADA had just been enacted and Mattison began representing employees with disabilities in employment disputes, while continuing to represent children. Mattison’s work representing children has been praised by other attorneys, including those representing school districts, and by federal judges.

McGinley shares Mattison’s commitment to social justice. After graduating from law school at the University of Alabama, McGinley worked for Legal Services of Alabama, providing free legal representation in civil matter for individuals with low incomes. She joined Wiggins Childs in 2007 and has advocated on behalf individuals in employment discrimination matters as well as in the area of education. McGinley says one of the more rewarding aspects of her practice with Mattison is the ability to give a voice to the under-served and under-appreciated members of our community.

 

The current primary focus of attorneys Mattison and McGinley is representing the parents of children with disabilities in order to assist in securing a free, appropriate public education (FAPE) for the student. According to Mattison and McGinley, most parents come to Wiggins Childs because they feel “something is wrong” with their child’s educational program and they feel they are not being heard by the school district. There are few attorneys in Alabama practicing on behalf of parents in school matters; and these cases typically are highly technical, requiring a good understanding of both the law and the pedagogy appropriate to serve children with differing abilities. Some common examples of the issues they deal with include:

 

• The failure of schools to identify children with disabilities;
• A lack of comprehensive evaluations—which makes it hard to develop an appropriate educational program;
• Children with behavior problems who lack sufficient positive behavioral support;
• Children with autism, who do not have remedial services to address their condition; and,
• Children with reading disorders who lack a remedial reading program designed to meet their unique needs.

 

Mattison and McGinley explain that this type of legal work typically involves an extensive review of a student’s records, communication with the district and parent to determine each parties’ objectives, securing any needed assessments and, hopefully, working with a school district to design an appropriate program. In the event that a case cannot be resolved, IDEA and Section 504 contain strong procedural safeguards for parents, including the right to a due process hearing and an appeal, generally to federal court. Both Mattison and McGinley have had to pursue formal remedies to secure their clients’ objectives.

After 38 years of practice, Deb Mattison’s working philosophy is uniquely constructive:

 

“Educating children with disabilities is hard work. We did not– as a society– routinely attempt this endeavor until IDEA and Section 504 were passed in the mid 1970s. There is still far too little funding for education and, frankly, the research as to ‘what works’ can be lacking as it relates to certain disabilities. In my experience, the vast majority of educators are hard working caring professionals. I believe that most educators would be excited to better serve children if they had the resources and/or had access to better methodology. I see my job as trying to identify the weakness and strengths in a child’s program and then to secure the resources necessary to assist both my clients and the educators in delivering an appropriate program.”

 

Its obvious that Deb Mattison and Rachel McGinley love their work. They are especially proud when their work not only enables a child to be successful in school, but also gives that child’s family a better understanding of their rights and enables that family to better advocate for the child in the future. Mattison and McGinley look forward to continuing to assure that all children, regardless of the type or severity of their disabilities, receive an educational program which will enable each child to flourish.

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B-METRO TOP WOMEN ATTORNEYS 2017 ANNOUNCEMENT

Only 110 years after Birmingham’s first female attorney, Maud McLure Kelly, began practicing law, the modern day world of women lawyers is vast and formidable. The importance of such diversity in the legal profession reverberates not only to those female law students searching for inspiration and mentors, but also to practicing women attorneys embracing camaraderie in an often male-dominated field, and even to clients desperate for the right ear to hear their stories.

 

We are proud to announce that four of our female attorneys have been nominated in B-Metro’s 2017 Top Women Attorneys list. As a firm that believes in and works for equality on all fronts, we applaud the following women of Wiggins Childs for working diligently in the name of justice through their education, professionalism, and community outreach:

 

  • Deborah Mattison - Children’s Educational Rights Litigation with a focus on Special Education and Section 504

 

  • Candis McGowan - Civil Rights, Employment, and Wage & Hour Litigation

 

 

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