Edward G. Phillips Decisions, Articles and Presentations

Appellate Decisions:

Escher v BWXT Y-12 LLC , 627 F.3d 1020 (6th Cir. 2010) (Summary judgment affirmed dismission USERRA retaliation claim.)

Mynatt v. Lockheed Martin Energy Systems, Inc., 2008 U.S. App. LEXIS 6002, 2008 Fed. App. 153N (6th Cir. Tenn. 2008) (Summary judgment affirmed dismissing race discrimination, termination in reduction in force, racial harassment and racial failure to promote claims.)

Leadbetter v. Gilley, 385 F.3d 683 (6th Cir. 2004) (Summary judgment affirmed in reverse race and reverse gender discrimination failure to promote claims.)

Rowan v. Lockheed Martin Energy Systems, Inc., 360 F. 3d 544 (6th Cir. 2004) (Summary judgment affirmed in age discrimination reduction in force case with multiple plaintiffs.)

Wade v. Knoxville Utilities Board , 259 F.3d  452 (6th Cir. 2001) (Summary judgment affirmed in race discrimination and retaliation termination claim.)

Copeland v. Lockheed Martin Corp., 221 F.3d 1334, 2000 U.S. App. LEXIS 24132 (6th Cir. June 30, 2000) (Summary judgment affirmed in age discrimination reduction in force case.)

Shapira v. Lockheed Martin Corp., 201 F.3d 441 (6th  Cir. 1999) (Summary judgment affirmed in sex discrimination in reduction in force and sex discrimination in assignment case.)

District Court Decisions:

Clark v. G4S Government Solutions, Inc. d/b/a WSI Oak Ridge , 2014 U.S. Dist. LEXIS 37832 (E.D. Tenn. March 21, 2014). Mr. Phillips and Mr. Will Carver obtained summary dismissal of plaintiff's race discrimination, gender discrimination, and retaliation claims against a security contractor.

Cunningham v. Tennessee Cancer Specialists, PLLC 2013 U.S. Dist. LEXIS 97297 (E.D. Tenn July 12, 2013) (Summary judgment granted on pregnancy discrimination claim under Title VII, the PDA, ADA and THRA.)

Shroyer v Dollar Tree Stores, Inc . 2011 U.S. Dist. LEXIS 126522 (E.D. Tenn Nov. 1, 2011) (Summary judgment granted on Plaintiff's claim of a  retaliatory discharge for having filed a worker's compensation claim.)

Escher v BWXT Y-12, LLC 2009 U.S. Dist. LEXIS 66070 (E.D. Tenn 2009) (Summary judgment granted in USERRA retaliation case.)

Davidson v. Lockheed Martin Energy Sys. and Wackenhut Services, Inc., 2007 U.S. Dist. LEXIS 30757 (E.D. Tenn. April 26, 2007) (Summary judgment granted on race discrimination in termination and racial harassment claims.)

Clark v. Lockheed Martin Energy Sys. and Wackenhut Services, Inc., 2007 U.S. Dist. LEXIS 50692 (E.D. Tenn. July 12, 2007) (Summary judgment granted on multiple plaintiffs race discrimination in promotion, racial harassment and retaliation claims.)

Campbell v. Lockheed Martin Energy Sys. and Wackenhut Services, Inc., 2007 U.S. Dist. LEXIS 57871 (E.D. Tenn. Aug. 7, 2007) (Summary judgment granted on multiple plaintiffs racial harassment claims and claims of race discrimination in promotions, job assignments and other conditions of employment.)

O’Neal v. Wackenhut Services, Inc., 2006 U.S. Dist. LEXIS 34634 (E.D. Tenn. May 25, 2006) (Order denying motion to certify class in race discrimination failure to hire claim.)

Messner v. Lockheed Martin Energy Sys., Inc., 126 F.Supp 2d 502 (E.D. Tenn. 2000) (Summary judgment granted on age discrimination reduction in force claim.)

Published Articles

" Yardley v Hospital Housekeeping Systems LLC: A Win for the Employment-at-Will Doctrine ", Tennessee Bar Journal, October 2015, byt Edward G. Phillips and Brandon L. Morrow

" Sixth Circuit En Banc: Regular On-Site Job Attendance Remains an Essential Function", Tennessee Bar Journal, June 2015, by Edward G. Phillips and Brandon L. Morrow

" Wage and Hour Issues in the High Court: Mandatory But not Compensable", Tennessee Bar Journal, February 2015, by Edward G. Phillips and Brandon L. Morrow

" General Assembly Passes a Host of Employment Law Amendments", Tennessee Bar Journal, October, 2014, by Edward G. Phillips and Brandon L. Morrow

" Guns in Trunks:  An Erosion of Tennessee's Employment-At-Will Rule?", Tennessee Bar Journal, June 2013

"Variation in State and Federal Pleading Standards: Webb and Veasy," Tennessee Bar Journal, February 2013

"Disability-Related Inquiries in Uncertain Times," Tennessee Bar Journal, June 2012

"New NLRB 'Quickie Election' Procedures," Tennessee Bar Journal, February 2012

"Staub v. Proctor Hospital :  The Cat's Paw Theory Gets Its Claws Sharpened," Tennessee Bar Journal, June 2011

"Ministerial Exception Meets It's Match:  Primary Duties of Secular Employees," Tennessee Bar Journal, October 2010

"What Not to Do When Separating Employment," Tennessee Bar Journal, June 2010

"Non-Compete Agreements: It's Not All About You, Employers," Tennessee Bar Journal, February 2010

"Where There's Smoke but No Fire, Ricci v. Destefano", Tennessee Bar Journal, October 2009

"Strategies for Reducing Legal Risk in Reductions in Force," Tennessee Bar Journal, June 2009

"Tennessee Supreme Court Speaks On Supervisory Harassment And Retaliation," Tennessee Bar Journal, February 2008

"What Employers Need to Know About the New No-Smoking Law," Tennessee Bar Journal, October 2007

"Prickly Pay Issues," Tennessee Bar Journal, June 2007

"Reporting for Duty," Tennessee Bar Journal, May 2006, a feature article on USERRA

Recent Presentations:

2012

"Employment Law Update" Knoxville Bar Association Lunch and Learn (September 2012)

2011

"Employment Law Update" Knoxville Bar Association Lunch and Learn (September 2011)

2010

" Employment Law Update," Knoxville Bar Association Lunch and Learn (September 2010)

2009

" Employment Law Update, " Knoxville Bar Association Lunch and Learn (September 2009)


2008

"Employment Law Update," Knoxville Bar Association, Lunch and Learn (September 2008).

" The Effect of Bankruptcy on Employment Law," Tennessee Bar Association Employment Law Section, Nashville, Tennessee. (April 2008).

"Employment Law and Regulatory Administration Update," Management Labor Employer Roundtable, San Diego, California (February 2008).

2007

" Ten Tips on Conducting Reductions in Force," DOECAA 2007 Fall Conference, Cincinnati, Ohio (October 2007). 

" Employment Law Update," Knoxville Bar Association, Lunch and Learn (September 2007).

" Developments in Employment Law," Kramer Rayson Employment Law Conference (September 2007).

" Managing the Employee Who is Absent" Kramer Rayson Employment Law Conference (September 2007).