In a case that lasted over a decade, we represented a local school board against a tenured teacher who challenged her termination under the Tennessee Tenured Teacher Act. In 2005, the tenured teacher requested a hearing after the school board recommended her termination for unsatisfactory job performance. Under the Tenure Act, a board “shall” hold the tenure hearing within 30 days, but in this case no hearing was held for almost a year. When the hearing occurred, the school board upheld the termination. The teacher then filed a chancery court complaint challenging the decision. Specifically, she argued that her termination was invalid because the hearing was not held within 30 days as required by the Tenure Act. The chancery court upheld the school board’s termination decision. The teacher appealed to the Tennessee Court of Appeals, which upheld the termination but granted the teacher back pay due to the untimeliness of the tenure hearing. Both parties filed writs of certiorari to the Tennessee Supreme Court, which were granted.
An employee who suffered a fall in the workplace sued our client Stanley Black & Decker in an Ohio state trial court. He claimed that he suffered injuries to his neck and left shoulder. The case presented large potential exposure for the client, including extensive medical expenditures to repair the employee’s left shoulder and a cervical disc. Through complex expert medical testimony, we established for the jury that the workplace fall was not the cause of the employee’s neck or shoulder injuries, but instead that the employee’s conditions resulted from the natural degeneration of his body over a thirty year period. Our cross-examination of the plaintiff’s medical expert persuaded the jury that the expert’s opinions were uncertain and equivocal. The jury deliberated only fifteen minutes before returning its unanimous defense verdict.
The former president of the Investment Services Division of Affinity Federal Credit Union, the largest federal credit union in New Jersey, sued for wrongful termination, whistleblower violations, breach of contract, and defamation. She demanded judgment in the amount of $5.5 million, which included the reimbursement of over $500,000 in out-of-pocket legal fees she had paid to her attorneys. After ten witnesses and 24 days of testimony that included five days of cross examination and two days of re-cross examination of the claimant, the three person FINRA arbitration panel issued an award denying all of her claims.