Buckley | Beal News

Delta Air Lines took off in a different direction when it comes to protecting its workforce against COVID-19. Atlanta’s largest employer announced it will require new employees to be vaccinated if they want to join the team.

Atlanta employment attorney Ed Buckley said employers have the right to mandate that their employees get vaccinated.

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A former Walmart cashier who claims she was fired from her job she was diagnosed with multiple sclerosis and requested that a stool be available when necessary has sued the retail giant, asserting claims under the Americans with Disabilities Act.

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Limitations on Covid-19 liability lawsuits are getting an extended lifespan in several states, as the pandemic drags on and business groups continue to warn of a possible wave of litigation.

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A couple who were awarded a hefty settlement following a car wreck in 2013 have sued former professional basketball star Elliott “Dale” Davis in a Georgia trial court, claiming he cheated them out of more than $1.1 million in the guise of serving as their investment counselor. 

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Two of Atlanta’s top boutiques handling plaintiffs’ employment law cases are adding attorneys amid more work in work place law and civil rights claims.

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A former employee has filed a lawsuit against the Roman Catholic Archdiocese of Atlanta alleging that she was dismissed because of her age and the condition of her health.

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Buckley Beal, the preeminent civil rights and employment litigation firm headquartered in Atlanta, has hired Jay Pontrelli, a former Assistant Attorney General with the Georgia Law Department, as the newest attorney in the commercial litigation section. 

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Buckley Beal LLP is pleased to announce that three Buckley Beal attorneys have been recognized in the 2021 Georgia Super Lawyers rankings.

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Jesup city authorities have decided to fire Police Chief Mike Lane, who has been accused of sexual harassment and assault, after a closed session of the Jesup City Council on Tuesday.

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A southeast Georgia city is seeking to remove its police chief after three women who resigned from the department sued.

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Rachel Berlin Benjamin, who is representing the former employees, said, "Women should not be subjected to such egregious sexual harassment and outright sexual assault in the workplace. We intend to hold the City and the individual Defendants accountable."

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Andrew M. Beal of Buckley Beal LLP, an attorney for Wade, Grunberg, Wilson and their firm, told Law360 they were pleased Wood had dismissed his counterclaims, for which they would withdraw their motion to strike.

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Buckley Beal, on behalf of a group of migrant construction workers, has asked a federal court to certify a proposed class action so that other workers can join the lawsuit and recover their owed wages. Rachel Berlin Benjamin told Law360 that she is hopeful the court will quickly grant conditional certification, so they can notify all class members of their right to opt into the case. "We will work tirelessly to ensure all employees whose wages were taken in exchange for substandard employer housing receive what they are owed," she said. Read more here.

Rachel Berlin Benjamin, a partner at Buckley Beal LLP who represents Bell, told Law360: "Not enough employers understand that teleworking can be a reasonable accommodation for disabled employees under the broad protections of the ADA. I expect that the case law will further develop in this area in favor of the rights of disabled employees and look forward to continuing to advocate for employees' rights."

Read more at: https://www.law360.com/employment/articles/1348962/home-care-co-settles-eeoc-suit-over-telework-denial?copied=1

Buckley Beal, LLP recently moved to amend the lawsuit in Gerald Bostock's case against Clayton County, asserting a new claim for post-employment retaliation. We have alleged that Clayton County Juvenile Court Chief Judge Steven Teske made disparaging comments about Mr. Bostock after he won at the Supreme Court of the United States. Read more about this new development, as reported by Law360.

Bostock Says Judge Was Trash-Talking After High Court Win - Law360

As reported in the Atlanta Journal Constitution, Buckley Beal recently filed an age discrimination and retaliation lawsuit after a young manager allegedly engaged in a campaign to terminate our client's employment because of her age. As outlined in the lawsuit, the manager asked our client when she was going to retire, stated that she needed to retire, called her old and crazy on multiple occasions, and made it clear that she was compiling documentation to terminate our client. After 16 years of dedicated employment to the hospital, our client was abruptly fired at the age of 75.

Rachel Berlin Benjamin commented: “Instead of treating our client fairly and respectfully in the workplace, she was mistreated and subjected to blatant age discrimination at the hands of a much younger supervisor. This is exactly what the Age Discrimination in Employment Act statute protects against and we look forward to remedying this wrong.”

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Rachel Berlin Benjamin filed a new lawsuit on behalf of a 911 operator who was sexually harassed and retaliated against during her employment. She told the Atlanta Journal Constitution that her client's male-dominated workplace tolerated sexual harassment and encouraged employees to look the other way. We look forward to holding Smyrna and the individuals sued accountable for these systemic failing.

Read more about the case here.

Ed Buckley and Andrew Tate filed a new lawsuit against the City of Decatur on behalf of our client, a 20-year Decatur firefighter, after the City stripped her of 90% of her pension.

Lt. Bridgit Christensen suffered a severe spinal injury when responding to a call in her firetruck. After her doctor declared her permanently disabled, she was eligible to retire with her disability pension. However, after she asked to retire, the City amended the pension plan to reduce her benefit from $3,500 per month to only $400 per month.

We look forward to litigating this case and obtaining a favorable result for Lt. Christensen.

Click here to read the full article. 

Buckley Beal's attorneys Rachel Benjamin, Ashley Clark, and Annie Boring represent the former coordinator of the Troup County Mental Health Court in a case against Troup County for racial and FMLA discrimination. The claims reveal she was dismissed due to her race and as a result of her requesting time off to care for her premature baby.

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Ed Buckley, Michael Kramer, and Anita Bala represent Hall County employees in a class action lawsuit which details how in 1998, Hall County completely changed its employees’ pension plan without fully disclosing the financial impact of the change to its employees or following an appropriate process to enact those changes.

On Wednesday, Buckley Beal participated in a hearing in Hall county Superior Court regarding the estimated $75 million class action lawsuit and the summary judgment motions pending before the Court.

As Michael Kramer told the Gainesville Times: “We think that the court should grant our motion for summary judgment, that the freeze was clearly unlawfully adopted and that any freeze is null and void as matter of law…”

WSB-TV reporter Dave Huddleston recently interviewed Edward D Buckley III about a race discrimination and retaliation case we have against the Georgia State Board of Workers Compensation.

Watch here

Partners Drew Beal and Nicholas Smith successfully negotiated a significant $1 million settlement immediately before trial on behalf of their client in a personal injury case with hotly contested coverage questions regarding an umbrella policy of insurance.

In this case, Buckley Beal represented a woman who suffered permanent injuries and multiple broken bones after a nasty head-on car collision. Buckley Beal’s position was that the accident was caused by the at-fault driver and car’s owner who had negligently entrusted the vehicle to the driver after they spent the evening drinking and smoking marijuana. The Defendants vehemently disputed the key facts.

As Drew Beal commented to the Daily Report, this “was an interesting case; what it came down to was negligent entrustment and the law on permissive use of a vehicle.”

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Partners Brian Sutherland and Thomas Mew are headed to the Supreme Court of the United States!

The Supreme Court granted certiorari in Buckley Beal LLP's case. Buckley Beal represents a social worker who worked for Clayton County and who was fired because of his sexual orientation. The lawsuit was dismissed because the court held that “discharge for homosexuality is not prohibited by Title VII.” In this landmark case, the Supreme Court will decide whether LGBTQ workers are protected from discrimination under Title VII of the Civil Rights Act. We are confident that Brian and Tom will help create favorable law that will protect all LGBTQ employees across the county.

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We are excited to announce that Edward D Buckley III has been named one of three finalists for “Attorney of the Year” by the Daily Report 2019 Georgia Legal Awards. This award recognizes a Georgia lawyer who in 2018 had the biggest impact in law, the Georgia legal community and did the most to advance the cause of justice. We look forward to attending the Georgia Legal Awards dinner in June where the winners will be announced and the honorees will be recognized.

This book provides a solid foundation for addressing a range of employment law issues in Georgia, including restrictive covenants, wage and hour laws, unemployment insurance benefits and claims, workers compensation, employment discrimination and retaliation, workplace torts, federal and state leave laws and workplace health, safety and privacy.

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Rachel Berlin Benjamin and Anita Bala filed a lawsuit in federal court on behalf of a former Food Depot employee who was sexually harassed and assaulted by her supervisor. As the lawsuit alleges, Food Depot failed to take action to address the harasser’s misconduct and instead allowed it to continue. Not surprisingly, the supervisor went on to sexually harass another employee after Buckley Beal’s client was forced to resign from her job.

ATLANTA (April 9, 2019)– Buckley Beal, one of Atlanta’s leading employment and business litigation law firms, recently named Thomas (Tom) Mew as the firm’s newest partner.

A federal judge in Atlanta decided to let a jury determine whether the banning of yoga in a Cobb County school advanced the cause of Christianity. Three years ago, in the face of a parental uproar, the county school board transferred assistant principal Bonnie Cole from the school where she and other teachers had introduced yoga as a calming technique. Buckley Beal Attorneys Ed Buckley and Brian Green represent Ms. Cole in the case.

The director of the Georgia Vocational and Rehabilitation Agency, Sean Casey, resigned less than three months after the state paid $1.5 million to settle claims of racial discrimination against three black administrators he fired. Buckley Beal's Ed Buckley, Ashley Wilson Clark and Isaac Raisner represented the plaintiffs in this case that ultimately led to victory and justice for their clients.

Savannah Morning News & SavannahNow.com further reported on a race discrimination case where Buckley Beal's Rachel Berlin Benjamin and Anita Bala represent former Police Officer Jose Ramirez. They assert Police Chief Gerbino “was trying to find a way to get rid of Ramirez” and “concocted lots of false reasons to support what we believe is an unlawful termination.”

Partner, Rachel Berlin Benjamin, is interviewed by the Effingham Herald about a race discrimination case in which she and colleague, Anita Bala represent beloved Rincon Police Officer, Jose Ramirez. They allege Mr. Ramirez was discriminated against and wrongfully terminated by the current Police Chief Mark Gerbino.

Buckley Beal Attorneys Ed Buckley, Ashley Wilson Clark and Isaac Raisner, settle a race discrimination case against the Georgia Vocational Rehabilitation Agency and its Executive Director, Sean Casey, for $1.5 million. They argued that Casey and GVRA terminated three African American employees based on no other evidence than the color of their skin.

After Ed Buckley and Brian Sutherland filed a race discrimination suit against Buford City Schools Superintendent Geye Hamby in July of 2018, Hamby was soon after exposed on tape in a racist rant. This article provides further proof of Hamby's expressions of racial bias from a pretrial deposition testimony by Banks Bitterman, who resigned as principal of Buford High School in June 2017.

Buckley Beal’s Brian Sutherland and Brian Green win a jury trial and vindicate the rights of their client. The jury found that their client, a former Banks County 911 dispatcher, was wrongfully terminated in violation of the Americans with Disabilities Act and the Family Medical Leave Act. The total award includes back pay, compensatory damages, liquidated damages and attorneys fees and costs.

Ed Buckley is featured in this Bloomberg Businessweek article about an age discrimination case involving the termination of beloved Nashville news anchor Demetria Kalodimos. It's no secret that gender and age discrimination run rampant in the broadcast journalism industry. Read Ed’s commentary on the case here.

Buckley Beal attorneys Rachel Berlin Benjamin and Ashley Wilson Clark represented Jose Ramirez in the appeal of his unlawful termination yesterday. As reported by the Effingham Herald, Buckley Beal’s lawyers “protested vigorously throughout the hearing that it was biased and unfair.”

The hearing officer disallowed Buckley Beal from asking any questions about Ramirez’s discriminatory termination and Police Chief’s Gerbino’s discriminatory past.

As Benjamin further expounded: “We were denied the opportunity to get to the truth and we were stonewalled from asking questions about … the real reason for Lt. Ramirez’s termination…” We look forward to continuing to fight this case and will seek to right this wrong as we go forward. View the full article here.

In the summer of 2008, we obtained more than $65,000 for a client in a sexual discrimination case against the U.S. Fish and Wildlife Service. Most of the award was for the client's emotional distress arising out of the defendant's failure to promote our client to a position for which she was more qualified than the male that was selected.

Read the Order Entering Judgment

In late 2006, the firm won a jury verdict of $2.25 million in a sexual harassment case against an Atlanta-based chain of sports bars and its principal shareholder. Our client was the company's highest-placed female officer. The firm's trial team was led by Ed Buckley and included Dena George.

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In 2004, Ed Buckley won a $1,060,000.00 verdict against Kennesaw State University in a sex discrimination and retaliation case. Our client was a professor of music. The jury found the university guilty of sex discrimination and retaliation when it promoted a far less qualified male to the position of Chair of the Music Department.

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Total HR Solutions, Inc. et al. v. Hounds Tooth Group, Inc. et al., Superior Court of Gwinnett County, Civil Action No. 09A019331 (2009). Successful two week arbitration of claims of unjust enrichment from failed purchase agreement of Professional Employer Organization (PEO).

Superior Court of Cobb County, 2011– Successfully representation of bankruptcy trustee regarding claims of more than $13,000,000.00 in §1031 exchanges.

Attorney Rachel Berlin talks to CBS46 about her Client an Atlanta Police Officer's Discrimination Case

Attorney Pamela Palmer Honored with Daily Report's 2015 On the Rise, 40 Under 40 Award

Former Officer Says Firing Retribution for Discrimination Case

Attorney Brian Sutherland Discusses Transgender Discrimination on KISS 104 FM's Monica Pearson Show

Atlanta Watershed Whistleblowers Sue City Over Firing

Former Watershed Employees Sue City

Partner Ed Buckley Writes Opinion Piece on “Go Set a Watchman”

Panel Revives ADA Suit by School Bus Driver Who Said She Needed Air Conditioning

Friends Since Childhood Form Buckley Beal

New Overtime Rules Affect Thousands in Georgia

Buckley Beal Associate Pamela Palmer Chosen as One of the Daily Report’s 2015 the Rise 40 Under 40

'Deed Dogs' Win $768K for Unpaid Overtime, Legal Fees

Attorney Paul Chichester Featured on GPB radio's 'On Second Thought' Discussing Proposed FLSA Changes

Partner Ed Buckley wins 2015 11Alive Community Service Award for Nonprofit Charity, Water Life Hope

Partner Ed Buckley featured for Building Wells in Haiti

Midtown Glass Company, LLC v. Levent Industries, Inc. et al., f/k/a Levent Incorporated and Tuncel Properties, LLC, f/k/a Turner-Tuncel Properties, LLC, 316 Ga. App. 422, 729 S.E.2d 556 (2012). Successful representation of large glass wholesaler and national insurer in subrogation claim for warehouse fire, resulting in successful decision by the Georgia Court of Appeals regarding the rights of tenants in commercial leases.

Jeffrey Kerr, Chapter 11 Trustee Real Estate Exchange Services, Inc. v. Liberty Mutual Insurance Company, United States District Court for the Northern District of Georgia (2010) - Successfully negotiated confidential settlement on behalf of bankruptcy trustee in adversary proceeding to recover funds under an employee-theft provision of debtor's Commercial Crime Policy.

Gates v. Bridgewater, et. al., Gwinnett County Superior Court, 2002; Georgia Court of Appeals, Case No. A01A1154. Successful week long trial after favorable ruling from the Georgia Court of Appeals affirming clients' claims of breach of fiduciary duties to minority shareholder of closely held corporation.

Successful trial before the Office of State Administrative Hearings, State of Georgia, Docket No.: OSAH-DOL-UITL-1215069-78, asserting corporation's defenses to claims for additional taxes and penalties.

Evelyn P. Gause v. Ronald D. Gause, Georgia Court of Appeals, Case No. A11A0171 (2011). Obtained ruling from the Georgia Court of Appeals affirming the rights of client against claims for enforcement of alleged oral promises to transfer property from family members.

Superior Court of Cobb County and Probate Court of Cobb County (2006). Successful representation of beneficiary under multi-million dollar will against trustee for misappropriation of assets of the estate.

Brazier v. Metropolitan Life, et al., United States District Court, Northern District of Georgia, Atlanta Division, Case No.: 1:03-cv-02411 (2003). Obtained decision by federal district court judge affirming all of client's claims for benefits due under a policy of disability insurance after extensive ERISA litigation in federal court, leading to confidential settlement.

Fulton County Superior Court, 2002. Successful litigation and resolution of claims for injuries from truck accident involving two truck highway collision, involving permanent injuries.

Henry County Superior Court, 2004. Successful litigation and resolution of claims for damages arising from truck accident involving permanent injuries to the principle of family owned business.

Clayton County Superior Court, 2005. Successful representation of surviving family members in claims against national automotive chain for negligent repairs of automobile leading to catastrophic injuries and death.

Two years after Fulton County lost a reverse discrimination case in federal court, the county has paid three white former employees $3.5 million in damages.

Atlanta attorney Edward D. Buckley III, a partner at Buckley Beal, said the county paid the judgment on June 30, less than three weeks after the U.S. Supreme Court denied, without comment, Fulton's petition for a writ of certiorari. Fulton County v. Lambert, No. 01-1568 (U.S June 10, 2002).

Read the Press Coverage

In early 2007, the firm recovered just over $280,000.00 in back pay, benefits, and attorney's fees in an age discrimination case. The employer also unconditionally offered to reinstate our client to his job as Vice President of Marketing and Sales.

In 2003, the firm won a major victory on behalf of employees subject to unfair "non-compete" agreements. Georgia law requires strict scrutiny of these agreements and Georgia courts often bar employers from trying to enforce them. In Hostetler v. AnswerThink, the Georgia court of appeals held that Georgia courts have the power to prohibit former employers from trying to enforce invalid agreements throughout the United States, not just in Georgia. The Hostetler decison gives Georgia employees vital protection from "end run" efforts to enforce invalid non-compete agreements by filing lawsuits in other states.

In early 2005, Buckley Beal won a total of $1,045,000.00 in an arbitration brought on behalf of a stockbroker against the Smith Barney Brokerage firm. The case was originally part of the "Boom Boom Room" class action litigation, in which Smith Barney was accused of a nationwide pattern of sex discrimination and harassment. Buckley Beal represented three former Smith Barney female stockbrokers in separate arbitrations arising from the class action.

11Alive Covers Atlanta Police Shaving Policy and EEOC Complaint

WSBTV Interview's Rachel Berlin and Client Who Filed Complaint Against APD Over His Beard

CBS46 Continues Coverage of the Atlanta Police Officer Discrimination Case

2015 11Alive Community Service Awards Recipients Announced, Partner Ed Buckley Receives Honor for Nonprofit Work

Boulai v. Helping Hands Community Based Services, Fulton County Superior Court, 2013cv232265. Received jury verdict of approximately $650,000 in favor of minority owner of Fulton County corporation that provided outpatient mental health services. Client had been barred from the property after discovering billing irregularities.

Buckley Beal attorney Tom Mew IV profiled by the Daily Report.

Jury Finds WellStar 'Willfully Violated' Age Bias Law as covered by the Daily Report

Religious Freedom Bill Passes Georgia House and Senate

How the Religious Freedom Bill got to the Governor’s Desk

Attorney Rachel Berlin Exposes Age Discrimination trend to the Daily Report

Ed Buckley Files Age Discrimination Case in Atlanta’s Federal Court. Case Covered by the Daily Report.

APD Beard Case Profiled on Atlanta’s Fox 5

Peachtree City Police Pays Out Former Officer $300K

Successful Year Together Covered by the Daily Report

Minority Groups Sue Gwinnett County Allege Voting Rights Violations Covered by the Daily Report

Gwinnett County Accused of Violating Voting Rights Act

Former Ethics Panel Lawyers Retaliation Suit Ordered to Mediation

LGBT Discrimination and Need for New Laws Highlighted in Article by Attorney Tom Mew Featured in Law360

Partner Ed Buckley Featured in the Atlanta Business Chronicle for Outstanding Charity Work

Managing Partner Ed Buckley Featured in the AJC for his Commitment to Help Others through Nonprofit, Water Life Hope

Managing Partner Ed Buckley‘s High Profile Case Featured in the Daily Report

Event Held to Showcase Board of Commissioners Getting Served with Suit Lead by Attorney Michael Kramer

Ed Buckley Comments on Class Action Lawsuits Filed Against CNN for Racial and Religious Discrimination

Partner and Veteran Litigator Nicholas Smith Will Lead the Firm’s New Mediation Practice Area

Ed Buckley and the Buckley Beal Law Firm were recently recognized by Attorney at Law Magazine as a "2017 Atlanta Attorney To Watch" and “Go to Plaintiffs Law Firm”

Ed Buckley's Cobb County yoga lawsuit is featured on CBS 46.

Top Atlanta Employment Lawyer Honored for 35 Years of Dedication Protecting Employment Rights

Our very own Buckley Beal female attorneys have been recognized in The Atlantan November 2018.

A race discrimination lawsuit that sent Buford’s school system into turmoil and prompted the departure of its superintendent has been settled, according to court records.