Decatur Legal

Parks v. Stanton – Order Denying Motion to Dismiss, Motion for Summary Judgment, as to Defendant’s Counterclaims

In this litigation, plaintiff Phaedra Parks sued our client, Angela Stanton, alleging that Stanton’s memoir, Lies of a Real Housewife, was defamatory. Stanton filed counterclaims for tortious interference with contract and bad faith litigation, alleging that Parks’ lawsuit was frivolous and was designed to shut down the publication of truthful information. Parks filed motions to dismiss the counterclaims, and for summary judgment as to the counterclaims. In the orders below, the court denies Parks’ motions.

A hearing is set on Stanton’s motion for summary judgment as to Parks’ original lawsuit on April 20, 2015 in the Gwinnett County State Court.

The docket in this case can be viewed via the Gwinnett County court website here.

Parks v. Stanton – Orders Denying Motion to Dismiss, Motion for Summary Judgement, as to Defendant’s Counte… by James Radford

Baton Bob files suit for wrongful arrest, violation of First Amendment

bob We have filed suit on behalf of our client, Bob Jamerson, also known as “Baton Bob.” We intend to prove that Bob was arrested without probable cause, in retaliation for his exercise of his First Amendment right to celebrate the Supreme Court decision striking down the federal ban on gay marriage. We look forward to working with Joshua Brownlee and his firm on this case.

You can read Bob’s official statement on the suit here.

Read the full complaint below:

Bob Jamerson aka "Baton Bob" v. City of Atlanta, et al. – Complaint

Order: Wal-Mart sanctioned for spoliation of videotape evidence in employment discrimination case

We recently obtained an order in the case of Abdulahi v. Wal-Mart, sanctioning Wal-Mart for its failure to preserve evidence relating to our client’s termination. This was an employment discrimination and retaliation case brought based on our client’s termination. You can find the full order below.

Order on Spoliation Motion – Abdulahi v. Wal-Mart Stores, LP by James Radford

A number of outlets have covered the story. Thanks to the Fulton County Daily Report and Win-Win HR for their stories. The links are below:

Fulton County Daily Report Article

Article on Win-Win HR

Court denies immunity, finds evidence of discrimination by GSU in case of student with mental illness

We are proud to announce today’s order in the case of R.W. v. Board of Regents of the University System of Georgia. We brought suit on behalf of a schizophrenic student who was removed from housing and forced to comply with Georgia State University’s so-called “risk assessment” protocol after the university learned of his diagnosis. GSU sought judgment in their favor, stating that they were immune from suit and that there was insufficient evidence to show intentional discrimination.

The court has rejected those arguments. In today’s order, the court ruled that there was sufficient evidence to conclude that GSU intentionally discriminated against our client due to his disability, without evidence that he posed a threat to campus safety, in violation of the Americans with Disabilities Act (ADA) and Rehabilitation Act.

This is a significant decision for students with mental health disabilities. As reported by Newsweek Magazine, college students with mental illnesses have been increasingly ostracized in recent years and treated as “threats” without any evidence that they actually pose a harm to others. We look forward to continuing to advocate for our client and ultimately to achieve justice in this matter.

Read the full order below.

R.W. v. Georgia Board of Regents – Order on Motions for Summary Judgment by James Radford

Chik-fil-A Under Fire For Demotion of Breast Cancer Survivor

According to a recent report from 7News in Thornton, Colorado, Daphne Richards was demoted from her management position at a local Chick-fil-A restaurant when she returned to work after undergoing a double mastectomy. Chick-fil-A management also informed Richards that her hours would be cut, her pay decreased and that she would no longer receive insurance benefits.

Attorney for Chick-fil-A, Frederick Schaefer, stated the decision to reduce Richards’ hours was because the store’s owner, “was concerned about the effect of a full-time workload after traumatic surgery.” And, according to Schaefer, the decision was due to Richards’ performance issues, stating, “Daphne had been written up a number of times, at least two times prior to the medical leave.” In response to the latter, Richards denies that she received any write ups and has in her possession correspondence from the store’s owner praising her performance from April of this year.

At the request of 7News, Richards’ confidential personnel file was produced to the station. Employment attorney and law professor, Whitney Traylor, said of the file that due to various reasons the documents are, in his opinion, suspect. One document that has been produced provides this from the store’s owner regarding Richards’ performance, that she “has been distracted with doctor’s appointments and has needed to take time off frequently.”

Other documents provide that Richards’ attitude and decision making skills were in question, and such things as trimming her nails and clocking in early were at issue as well. Suspect to Traylor, the write-ups are not signed by Richards or any witness that could verify that such documents were provided to Richards.

Richards has filed a discrimination charge with the Colorado Civil Rights Commission.

If you or someone you know thinks they have been subjected to unlawful employment practices, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609 or use our contact form.