Representative Cases
Pending multi-Plaintiff Firefighter Cases of Thompson & Bishop
Coffey v. Braddy, et. al - Jacksonville, FL: Oral Argument took place on January 22, 2009, in Jacksonville; Petitioners are Black Firefighters and organization in Show-Cause Motion on 38 year-old Firefighter hiring consent decree class action. Case was recently featured in the Florida Times Union, http://jacksonville.com/news/metro/2009-02-06/story/old_civil_rights_case_is_before_a_judge_again
Hopkins v. City of Jacksonville - Jacksonville, FL: Race (Black), retaliation, harassment case against Jacksonville, FL, Fire & Rescue Department by Plaintiff Firefighter Captain Philip Hopkins. Case is pending summary judgment decision.
Bazile, et. al, v. City of Houston - Houston TX: Plaintiff Firefighters in disparate impact promotion case (Race, Black) against defendant city. Case was recently featured in the Houston Chronicle, http://www.chron.com/disp/story.mpl/headline/metro/6247438.html
Arnold, et. al, v. City of Columbus - Columbus, OH: 11 Plaintiff Firefighters in Hostile Environment (Race, Black) case, including some retaliation claims. Case is awaiting summary judgment briefs and close of discovery.
Verdicts and Public Settlements
Note: Cases listed do not include settlements under confidential agreements.
Howe, et al. v. City of Akron - December 23, 2008: $1.891 million jury verdict awarded to 23 Plaintiff Firefighters in disparate impact case involving two promotional examinations (Lt. and Capt.). A jury of 6 women (1 African-American) and 1 man found under Ohio law that the Lt. test unlawfully discriminated against African-Americans; the Capt. test unlawfully discriminated against Caucasians; and both tests unlawfully discriminated against all the Plaintiffs on the basis of age. (This test was the first firefighter test in the country to use the new law on age disparate impact.) Monetary award does not include attorney fees and pre- and post-judgment interest, yet to be calculated. Further findings of fact and conclusions of law remain pending on the Plaintiffs' federal Title VII claims and Age claims, heard by the bench. The trial court will determine any non-monetary relief, such as promotions, injunctions, and any other relief deemed appropriate. Attorney Bruce Elfvin, of Elfvin & Bessser, was added in November 2008 as co-counsel to help try the case. Verdict was featured in the Akron Beacon Journal; the Matt Patrick [Radio] Show, WHLO; Firehouse.com; and numerous other publications. Links:
http://akronohio.planetdiscover.com/sp?keywords=akron+firefighters+awarded&skin=&aff=1117&Submit2=Go (Akron Beacon Journal, December 24, 2008, detailing $1.891 million disparate impact verdict, "Akron firefighters awarded $1.8 [sic] in bias lawsuit");
http://www.mattpatrickshow.com/cc-common/podcast/single_podcast.html?podcast=mattpatrickshow.xml (January 5, 2008, Matt Patrick Show, WHLO Radio, Interview with NELA members, attorneys Denny Thompson, Christy Bishop, Bruce Elfvin re: Akron Firefighter suit - Podcast).
Clay v. United Parcel Service, Inc. - October 28, 2008: $750,000 jury verdict awarded to Plaintiff truck driver by jury in federal court on race/retaliation claim; $250,000 in backpay and $500,000 in punitive damages. Additional pre- and post-judgment interest and attorney fees are yet to be calculated.
Coon v. TCS - October 2008: Approximately $557,000 awarded in monetary relief, prejudgment interest, and attorney fees in bench trial (tried March 2007), on workers compensation retaliation claim against construction company. Post-judgment interest has yet to be determined.
Clay v. UPS - August 31, 2007: Reported Decision in the Sixth Circuit Court of appeals reversing summary judgment for Plaintiff Black truck driver, and remanding for trial in federal court. Clay v. UPS, 501 F.3d 695 (6th Cir. Ohio 2007).
Jordan v. City of Cleveland - November 6, 2006: $1.5 million jury verdict for Plaintiff Firefighter in federal court against the City of Cleveland for economic damages, racially hostile environment, retaliation and harassment. Damages are in addition to original jury verdict of $175,000 for a total of $1,675,000 in damages, not including statutory attorney fees, yet to be calculated.
Jordan v. City of Cleveland - July 6, 2006: Reported decision in United States Court of Appeals on race retaliation, harassment case in which the Sixth Circuit Court admonished the City (the party appealing the verdict) for its pervasive racial practices, and ordered additional damages and an increase in attorneys fees, finding the lawyers' work "exemplary." Case was covered on television, WEWS news in Cleveland and the Cleveland Plain Dealer.
Luke, et al. v. City of Cleveland, et al. - November 8, 2005: Jury Verdict, damages award of $650,000 and 15 promotions to Lt., Captain, and Battalion Chief, for multiple Plaintiff Firefighters on Disparate-Impact Racial Discrimination (Black) and Racial Hostile-Environment/Harassment case (Black).
May v. Akron Public Schools, et al. - July11, 2006: Victory in Mandamus action against Public School Board and third-party contractor for unpaid STRS pension funds to state for over a decade.
Tanner, et al v. G&S Transfer, Inc.- February 17, 2006: Jury verdict of $103,000 for Plaintiff truck drivers in Third-Party Breach of Contract claim, including one wrongful discharge claim.
Stoebermann v. Akron Beacon Journal. - February 2, 2006: Trial Verdict for Plaintiff former carrier on Breach of Contract claim; damages have yet to be determined and awarded.
Shull v. City of Garfield Heights, et al. - April 2005: Order in declaratory and mandamus action that Plaintiff Firefighter be promoted into position with backpay.
Boykin v. Karman Rubber, Inc. - February 2005: Jury Verdict, punitive damages & fees award of $203,000 in Racially Hostile Environment, Harassment action.
Jordan v. City of Cleveland - February 2004 - Jury Verdict for Plaintiff former Firefighter of $175,000, plus statutory attorney fees award, for Racially Hostile Environment/Harassment and Retaliatory Harassment engaged in by City of Cleveland Division of Fire; other claims that were dismissed were later reversed and tried in 2006 in Jordan II, above, for $1.5 million in addition to this verdict.
Beauvais v. University of Akron, et al. - May 2003: Jury Verdict of $325,000, plus statutory attorney fees award for the Plaintiff Systems Support Analyst in Race Discrimination and Failure-to-Promote case. Plaintiff also was ordered to be promoted to the position of Director of Development.
Blazeff v. Rubber Division, Inc. - December 2002: Settlement of $250,000 for Plaintiff former Director on sex/failure to promote claim.
Williams v. City of Akron - February 2002: Jury Verdict of $1.72 million for the Plaintiff former Police Officer in Race Discrimination case.
Amott, et al. v. CVS Pharmacy - July 2002: Collective Action involving dozens of Plaintiff Pharmacists who were wrongfully denied Overtime wages. Case settled for confidential amount.
Kovacevich v. Kent State University - August 2000: Sex discrimination/equal pay act reported decision out of the Sixth Circuit Court of Appeals, which was one of the first circuit courts in the nation to hold that Equal Pay Act suits were constitutionally permissible against a State.
Kirkhart v. Portage County Commissioners - April 1999: Jury Verdict of $940,000, plus statutory attorney fees award, for the Plaintiff Interim Dog Warden in Sex, Disability, Retaliation & Wage Discrimination claim; Plaintiff was also awarded backpay and promoted to the position of Dog Warden.
Kovacevich v. Kent State University - July 1997: Jury Verdict, plus statutory attorney fees, for the Plaintiff Professor on case involving Equal Pay Act and Sex Discrimination.
