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My Cases: Employment
Byrne v. Galliher, 39 So.3d 1049, 258 Ed. Law Rep. 1267 (Ala. 2009), and Hill v. Galliher, 65 So.3d 362 (Ala. 2010) -- successive appeals on case attacking policies of Department of Postsecondary Education interfering with legislator-employees performing their legislative duties.
Harris v. Marion County Bd. of Educ., 644 So.2d 29, 95 Ed. Law Rep. 808 (Ala.Civ.App. 1994)
Alford v. Ingram, 931 F.Supp. 768 (M.D. Ala. 1996) -- attacked statute on revocation of teacher certificates; while technically losing the case, achieved a revision of the standards used by the state
Nelson v. Alabama Institute for Deaf & Blind, 896 F.Supp. 1108, 131 CCH Lab Cas ¶ 33,318 (N.D. Ala. 1995) -- Fair Labor Standards Act case seeking overtime for 25 employees
Estill v. Alabama State Tenure Commission, 650 So.2d 890, 98 Ed. Law Rep. 586 (Ala.Civ.App. 1994)
Akins v. Randolph County Board of Education, 643 So.2d 995, 95 Ed. Law Rep. 456 (Ala.Civ.App. 1994)
Barnes v. Walker County Board of Education, 661 So.2d 239 (Ala.Civ.App. 1994)
Kilgore v. Jasper City Board of Education, 624 So.2d 603, 86 Ed. Law Rep. 565 (Ala Civ App 1993)
Campbell v. Talladega City Bd. of Educ., 628 So.2d 842, 88 Ed. Law Rep. 516 (Ala.Civ.App. 1993)
Milligan v. Albertville City Bd. of Educ., 628 So.2d 625, 88 Ed. Law Rep. 502 (Ala.Civ.App. 1993)
Alabama State Tenure Commission v. Lee County Board of Education, 595 So.2d 476 (Ala App 1991), rev. sub nom Ex Parte Alabama State Tenure Commission, 595 So.2d 479, 73 Ed. Law Rep. 874 (Ala), on remand 595 So.2d 482 (Ala Civ App 1992) -- I represented the real party in interest, a teacher who had been fired; the result of the case was his reinstatement
Abney v. Baptist Medical Centers, 597 So.2d 682, 7 BNA IER CAS 641 (Ala 1992)
Ex parte Jackson, 625 So.2d 425 (Ala 1992), on remand sub nom., Jackson v. Alabama State Tenure Comm'n, 625 So.2d 430 (Ala Civ App 1993) -- gained tenure for teacher by favorable statutory interpretation of definition of earlier work as teacher with provisional certificate
Ex parte Turner, 601 So.2d 995 (Ala 1992), reversing Monroe County Board of Education v. Turner, 601 So.2d 997 (Ala Civ App 1992) -- represented amicus curiae in support of teacher's claim
Ex Parte Alabama State Tenure Commission (Re: Alabama State Tenure Commission v. Lee County Board of Education), 595 So.2d 479 (Ala 1991)
Greaves v. Jefferson State Junior College, 494 So.2d 409 (Ala 1986) -- unsuccessful age discrimination action
Belcher v. Jefferson County Board of Education, 474 So.2d 1063 (Ala 1985) -- established principle that public agencies must follow own rules, and employees have cause of action based upon failure to do so
High v. Jefferson County Board of Education, 373 So.2d 1089 (Ala 1979)
Spicer v. Board of Trustees of the University of Alabama, 347 So.2d 983 (Ala 1977)
Hanson v. Hearn, 521 So.2d 953 (Ala 1988) -- unsuccessful proceeding to require compliance with earlier consent decree on individual employment
Williams v. Ivey, 484 So.2d 468 (Ala 1985) -- represented county commissioner in action brought against him by employee
Heatherly, Director of the Alabama Department of Industrial Relations v. Benton, 479 So.2d 1285 (Ala Civ App 1985) -- proper treatment of back pay under unemployment compensation laws
Smith v. Civil Service Board of the City of Florence, 52 Ala App 44, 289 So.2d 614 (Ala Civ App 1974) -- successful appeal on trial procedure to be used in appeals from civil service board decisions
Carroll v. BellSouth Advanced Systems, Inc., 867 F.2d 1430, 1989 US App Lexis 1112 (11th Cir. 1989)
Childers v. Morgan County Board of Education, 817 F.2d 1556, 43 FEP Cases (BNA) 1702, 43 EPD (CCH) ¶ 37,211, 39 Ed. Law Rep. 72 (11th Cir. 1987) _- successful in overturning summary judgment against school bus driver in age discrimination in employment case
Byrd v. Morgan County Board of Education, 824 F.2d 974 (11th Cir. 1987)
Williams v. Eastside Mental Health Center, 509 F.Supp. 579 (N.D. Ala. 1981), rev. 669 F.2d 671, 93 Lab Cases (CCH) ¶ 34,147, 15 BNA WH Cases 358 (11th Cir. 1982); cert denied 459 US 976 (1982) -- Fair Labor Standards Act case in which District court ruled that the FLSA does not apply to a private corporation under contract to the State Department of Mental Health because it is performing an integral governmental function; reversed by 11th Circuit in decision defining “integral state function”
Bryant v. Western Electric Co., 572 F.2d 1087, 16 EPD ¶8302 (5th Cir. 1978) -- Title VII case, adequacy of charge
Tillman v. City of Boaz, 548 F.2d 592, 12 EPD ¶11,560 (5th Cir. 1977) -- Title VII case, adequacy of charge in letter form
Armour v. City of Anniston, 597 F.2d 46 (5th Cir. 1979), 20 EPD ¶30,022, vac. and rem. 445 US 940, remanded 622 F.2d 1226 (5th Cir. 1980), on remand 89 F.R.D. 331, 25 EPD ¶31,672 (N.D. Ala. 1980); 654 F.2d 382 (5th Cir. 1981) -- Title VII case against city hospital; class action representation after loss of individual case
Tortorici v. Secretary of HEW, 496 F.Supp. 7 (N.D. Ala. 1979), aff'd sub nom Tortorici v. Harris, 610 F.2d 278, 22 EPD ¶30,585 (5th Cir. 1980) -- Title VII case for white female claiming reverse discrimination
Langley v. State Farm Fire & Casualty Company, 26 EPD ¶31,837, 644 F.2d 1124 (5th Cir B 1981) -- sex discrimination in employment; pregnancy
Perry v. Golub and Falkowski v. Perry, 464 F.Supp. 1016, 18 EPD ¶8805 (N.D. Ala. 1978) -- due process, discharge of government employee
Stewart v. Bailey, 396 F.Supp. 1381 (N.D. Ala. 1975), aff'd 556 F.2d 281, rev'd on reh. 561 F.2d 1195 (5th Cir. 1977) -- teacher dismissal, due process
Allen v. United States Steel Corp, 665 F.2d 689, 33 Fed R. Serv 2d 218, 27 FEP Cases (BNA) 1293, 27 EPD (CCH) ¶ 32,338 (5th Cir B 1982) -- Title VII sex discrimination suit relating to pension and extended vacation benefits
Robinson v. City of Fairfield, 750 F.2d 1507, 40 Fed R Serv 2d 1202, 37 FEP Cases (BNA) 106, 36 EPD (CCH) ¶ 34,962 (11th Cir. 1985) -- represented city in Title VII case
McGee v. Purolator Courier Corp., 430 F.Supp. 1285 (N.D. Ala. 1977) -- attempt to obtain preliminary injunction to keep plaintiff's job while EEOC processed charge.
Johnson v. University College of University of Alabama in Birmingham, 706 F.2d 1205, 77 ALR Fed 259, 31 FEP Cases (BNA) 1744, 32 EPD ¶ 33,732 (11th Cir), cert. denied 464 US 994 (1983) -- revising award of attorneys' fees granted in employment discrimination case
Putman v. Vath, 340 So.2d 26 (Ala 1976) -- suit by Catholic priest against his bishop for breach of contract
In 1981, Isaac Asimov wrote the following limerick on a postcard to Still in celebration of Still’s victory in representing a teacher who had been fired for giving Asimov and John Ciardi’s book Limericks, Too Gross to a student:
Don’t you mess round with Lawyer, Ed Still,
For he puts those opposed through the mill.
Twelve good men and true
Will frown upon you,
And then wait till you find out the bill.
Copyright 2002 Isaac Asimov Estate. All rights reserved. Used by permission.
"The Unwise and Unconstitutional Hatch Act"
Jason Miller has written an article on one of the worst "gotchas" in election law -- the Hatch Act's application to state and local government employees. Here is the abstract of his article:
Every year, state and local government employees announce their intent to run for public office only to be told that an obscure Great Depression-era law requires that they choose between their job and their campaign. The Hatch Act prohibits federal employees from running for partisan office and similarly prohibits any state and local employee from running if their position receives any federal funds. This prohibition applies even when there is no apparent conflict of interest or abuse of power. Given the number of federal employees, and the number of federal grants to state and local governments, millions of covered employees are effectively prohibited from running for public office. At the same time, many elections in this country go uncontested and communities suffer from a lack of quality candidates.
The Unwise and Unconstitutional Hatch Act focuses on the federal law’s coverage of state and local employees and examines whether the Act would pass constitutional muster under modern tests, whether the Hatch Act is desirable as a matter of policy, and what alternatives could achieve the policy goals of the Act without an absolute prohibition on candidacy for partisan office.
Download the entire article at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1444192.
Edward Still to speak at "Current Developments in Employment Law" program
ALI-ABA will be holding its annual program, "Current Developments in Employment Law," 23-25 July 2009 in Santa Fe, New Mexico. I will be on a panel each of the three days. I have attached a copy of the brochure for the program. If you practice employment law, I hope you will attend.
Speaking Engagements -- past
Mr. Still has been a guest lecturer on the history of voting rights litigation and on election methods at the Georgetown University Law Center, University of Virginia School of Law, Washington and Lee University (undergraduate and School of Law), Cumberland Law School, Birmingham-Southern College, University of Alabama at Birmingham, Pomona College, and University of Massachusetts at Boston.
He has also been a panelist or speaker at meetings of the State Conference of NAACP Branches in Alabama (1998), South Carolina (1999), North Carolina (1999), Florida (1999, 2000), Mississippi (1998), and Tennessee (1998); the Georgia Legislative Black Caucus (1997); the Southeast Regional NAACP Annual Convention (1998); the Voting Rights Conference of the Lawyers’ Committee for Civil Rights Under Law (1999); American Bar Association Section of Administrative Law and Regulatory Practice (1999); the National Conference of State Legislators (1999); the National Black Caucus of State Legislators (2000); the National Election Standards Task Force of the National Association of Secretaries of State (2000); the Congressional Black Associates (2001); the National Association of Counties (2001); the National Association of County Civil Attorneys (2001 and 2002); and the International Municipal Lawyers Association (2001 and 2002); Women in Politics Leadership Institute, University of Alabama (2003); Center for Voting and Democracy, “Training the Trainers” workshop (Atlanta, Georgia) (2003); Alabama Democratic Confernece (2005).
He has been a panelist at several annual meetings of the American Political Science Association, the XIIIth World Congress of the International Political Science Association, an annual meeting of the Southern Political Science Association, and a conference at the National Center for Geographic Information and Analysis (at SUNY Buffalo).
Mr. Still has given numerous continuing legal education programs on Supreme Court cases, expert witnesses, federal jurisdiction, and the rights of public employees. He spoke at the Election Law & Litigation program of Fulcrum Information Services, Inc. (2001); the NELA-Georgia CLE conference on “Using the ’Class of One’ Equal Protection Theory in Public Employment Cases” (2005); the National Employment Lawyers Association annual meeting on “USERRA Basic Training for Employment Lawyers,” co-written with Mary Dryovage and Kathleen Piscitelli and presented at the 2005 annual meeting.
"The truly American sentiment recognizes the dignity of labor and the fact that honor lies in honest toil."-- Grover Cleveland
My employment law cases are on the Case List page. The Case List page does not list many case which were settled or on which a judge did not write an opinion.
The principal areas of employment law in which I practice are ...
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