Verdicts, Judgments and Court Rulings

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It is important to remember that each case has its own unique set of facts, and different laws are applied to different types of cases. This means that you should not expect that the same results can be obtained in your case, which will depend on its own set of facts and the application of law to those facts. At the same time, the actual results obtained by a lawyer in court can provide you with important information about that attorney's experience and success that can be verified by court records. The cases described below are some of the results obtained in court by R. Scott Jackson, Jr.

A large nurse staffing agency for in-home healthcare services was failing to pay its Licensed Practical Nurses (LPNs) overtime pay when they worked over 40 hours in a workweek. Instead, the agency claimed that the LPNs were independent contractors who were not entitled to overtime pay; had the nurses sign independent contractor agreements when they were hired; and paid them their regular rate of pay for all hours worked, including overtime hours. Mr. Jackson filed a collective action lawsuit in federal court in Nashville alleging that the LPNs were actually employees who were entitled to overtime back pay, liquidated damages, and attorneys' fees pursuant to the Fair Labor Standards Act (FLSA). After obtaining a court order allowing notice to be sent to all LPNs who had worked at the company over a three-year period so that those who had overtime claims could opt into the lawsuit, Mr. Jackson obtained documents and deposition testimony from the company that established the LPNs' status as employees who were entitled to overtime pay. For example, most of the LPNs worked long hours only for the defendant staffing company, relied on equipment provided by the defendant, and were closely supervised. Mr. Jackson then filed a motion for summary judgment in which he argued that the nurses were entitled to a judgment in their favor without the necessity of going to trial. The Court granted the plaintiffs' motion, ruling that the LPNs were employees who were entitled to overtime back pay and an equal amount of liquidated damages. Overtime back pay was then calculated by multiplying the nurses' overtime hours by a half-time rate, and the defendant stipulated to the back pay amount. The Court then entered a judgment awarding the nurses just under $3.2 million, including 100% of their back pay over the three-year recovery period allowed by the law, and an equal amount of liquidated damages. The Court also award the plaintiffs attorneys' fees and costs, bringing the total judgment amount to $3.47 million.  See, Wilson v. Guardian Angel Nursing, Inc., 2008 U.S. Dist. LEXIS 59623 (M.D. Tenn. 2008), and Final Judgment, case #3-07-cv-00069, document 543; see, also, documents 554, 555.          

When carpet manufacturer Mohawk Industries refused to sell carpet to a local carpet dealer that the dealer needed to continue to service his longtime homebuilder client, the dealer lost the profits he would have continued to earn through the relationship. Mr. Jackson filed suit in state circuit court in Williamson County, Tennessee, alleging that Mohawk conspired with one of his client's competitors in an effort to run his client out of business by shutting off his carpet supply. The case was on the forefront of developing Tennessee law on the tort of intentional interference with a non-contractual business relationship. After a two-week jury trial, Mr. Jackson obtained a jury verdict awarding lost profits of over $1.6 million and $3.75 million in punitive damages against Mohawk to punish it for its intentional conduct. Unfortunately, the Tennessee Court of Appeals partially reversed the judgment, ruling that Mohawk had a privilege to refuse to sell to the dealer that shielded it from liability.  The Court did affirm the judgment against the plaintiff's competitor for over $1.6 million. See, Watson's Carpet & Floor Coverings, Inc. v. McCormick, et al., 247 S.W. 3d 169 (Tenn. Ct. App. 2007).  

A large Waffle House franchisee was paying its head restaurant managers a salary for their work, claiming that they were exempt from the overtime requirements of the FLSA because of their management status. These managers were working a grueling schedule of a very large number of hours each week, but were not being paid overtime wages. Mr. Jackson filed a collective action lawsuit in federal court in Nashville alleging that the managers did not meet the requirements for the exemption from overtime and should have been treated as hourly workers entitled to overtime pay. After obtaining a court order for notice to be sent to others who had worked as managers during the recovery period, Mr. Jackson developed deposition testimony and documentary evidence establishing that his clients' primary duty was not management, and that they spent most of their time cooking and performing other non-management tasks. The Court granted summary judgment in favor of the managers on liability, ruling that they were entitled to overtime back pay. The defendant vigorously disputed the number of hours they worked, however, and the case went to trial on the issue of damages. In a bench trial before the federal judge, Mr. Jackson introduced proof that included testimony from 10 representative plaintiffs who claimed that they worked an average of 89 hours per week. The Court ruled in favor of the managers, finding that they did work an average of 89 hours per week; applied that average to all 125 managers; and awarded 100% of the overtime back pay sought at trial, totaling over $2.8 million. The Court also awarded attorneys' fees, costs, and interest, for a total judgment amount of $3.57 million. See, Cowan v. Treetop Enterprises, Inc., 163 F. Supp. 2d 930 (M.D. Tenn. 2001); Cowan v. Treetop Enterprises, Inc., 120 F. Supp. 2d 672 (M.D. Tenn. 1999); see, also, case #3:98-cv-0623, documents 298, 302, 321.         

When a Vanderbilt University pre-med student was found guilty of violating Vanderbilt's honor code by a student honor council, Mr. Jackson filed suit in federal court in Nashville alleging that the student was innocent of the charges, that a professor mishandled his exam, and that Vanderbilt failed to follow its own written procedures in conducting the honor council proceedings. After the district court granted Vanderbilt summary judgment and dismissed the lawsuit, Mr. Jackson filed an appeal with the 6th Circuit Court of Appeals and traveled to Cincinnati, Ohio to argue the case. The Court of Appeals reversed the District Court's decision and remanded the case back to the district court so that it could proceed to trial. The parties resolved the case confidentially before trial. See,  Atria v. Vanderbilt Univ., 142 Fed. Appx. 246 (6th Cir. 2005).

A passenger transport company failed to pay its drivers overtime pay, alleging that they were exempt from the FLSA's overtime requirements under the Motor Carrier Act exemption. The case hinged on whether the vehicles driven by the plaintiffs were designed or used to transport more than eight passengers, thereby exempting them from the overtime requirements. Mr. Jackson took two separate cases to trial in back-to-back weeks in federal court in Georgia. The defendant company presented videos and photographs showing that more than eight passengers could fit in the vans, but Mr. Jackson presented evidence that due to the inability of the passengers to exit the van properly and problems with the configuration of certain safety belts, the vans could not safely transport the number of passengers shown in defendant's photographs and videos. Mr. Jackson won judgments in both cases that awarded his clients all of their overtime back pay and an equal amount of liquidated damages.  See, Hawkins v. Comfort Care Transport Services, Inc., #4:15-cv-0243-doc. 68 (N.D. Ga. 2018); Sierra v. Comfort Care Transport Services, Inc., #4:16-cv-0031-doc. 61 (N.D. Ga. 2018).