John E. Winters maintains a diverse trial practice that focuses primarily upon employment and commercial litigation. His employment practice includes representing companies in federal and state courts and administrative agencies. He has also provided training to supervisors and employees on a host of employment-related topics. His commercial practice includes representing companies in federal and state courts and arbitration proceedings.
John recently was a member of the firm's defense team that successfully defended a putative class action with seventeen named plaintiffs in a Title VII claim. The claims of all seventeen plaintiffs were either dismissed on summary judgment or voluntarily dismissed with prejudice in exchange for a waiver of court costs after summary judgment was filed.
John was also on the firm's defense team that defended a putative class action involving failure to hire issues with a proposed class of over 300 members. In this case, the plaintiffs' motion to certify the class was denied, and two of the individual claims were dismissed on summary judgment.
On the one claim that survived summary judgment, John served as the lead trial counsel. The jury returned a verdict in favor of the company after deliberating approximately forty minutes.
In 1999, John also represented a Knoxville company that obtained a $920,000 jury verdict against a competitor for engaging in interference with contractual relations, interference with business relations, unfair competition, breach of fiduciary duty, and conspiracy. This verdict was later affirmed by the Tennessee Court of Appeals.
John received his undergraduate degree with honors from the University of Tennessee in 1990 and received his law degree from the University of Memphis in 1993. After graduation, he returned to Knoxville to join Kramer Rayson LLP.
Appellate Decisions
Johnson v. Lenoir City Housing Authority, 2008 Tenn. App. LEXIS 189 (Tenn. Ct. App. Mar. 31, 2008)
Johnson v. Reineke, 2004 Tenn. App. LEXIS 119 (Tenn. Ct. App. Feb. 25, 2004)
FTA Enterprises, Inc. v. Pomeroy Computer Resources, Inc., 2001 Tenn. App. LEXIS 116 (Tenn. Ct. App. Feb. 12, 2001)
Other Decisions:
Linson v. Lockheed Martin Energy Systems, Inc., 2006 U.S. Dist. LEXIS 44654 (E.D. Tenn. June 29, 2006)
Duff v. Lockheed Martin Energy Systems, Inc., 2006 U.S. Dist. LEXIS 60747 (E.D. Tenn. Aug. 25, 2006)
Andrews v. Lockheed Martin Energy Systems, Inc., 2006 U.S. Dist. LEXIS 68027 (E.D. Tenn. Sept. 21, 2006)
Stevens v. Lockheed Martin Energy Systems, Inc., 2006 U.S. LEXIS 54683 (E.D. Tenn. July 27, 2006)
Miller v. Lockheed Martin Energy Systems, Inc., 2006 U.S. Dist. LEXIS 79293 (E.D. Tenn. Oct. 18, 2006)
O'Neal v. Wackenhut Services, Inc., 2006 U.S. Dist. LEXIS 34634 (E.D. Tenn. May 25, 2006) (order denying motion to certify class and failure to hire claim)
Recent Publications
"What are the Rules After Hoffman?" Tennessee Bar Journal, July 2008
Recent Presentations
"Anatomy of an Age Discrimination Complaint," Kramer Rayson LLP Sixth Annual Employment Law Conference 10/01/09
"Managing a Diverse Workforce," Kramer Rayson LLP Fifth Annual Employment Law Conference 10/30/08
"Proposed Amendments to the Tennessee Rules of Civil Procedure Regarding Discovery of Electronically-Stored Information," Tennessee Bar Association Seminar on Electronic Evidence 05/30/08
"Preparing the Employment Law Case," National Business Institute Seminar 03/25/08
"Trade Secret Claims and Covenants Not to Compete," Kramer Rayson LLP Fourth Annual Employment Law Conference 09/20/07
"How to Select the Right Jury for Your Case," National Business Institute's Building Your Civil Trial Skills 07/26/07
"After Burlington Northern: Developments in Retaliation and Whistleblowing," Kramer Rayson LLP Third Annual Employment Law Conference 10/06/06
"Principles of Electronic Discovery," Barristers - Trial Practice in Tennessee 12/28/05
"What to Expect When You've Been Sued, Principles of Employment Law Discovery," Kramer Rayson LLP Employment Law Conference 09/17/04
"Reducing the Potential for Discrimination and Harassment Liability," National Business Institute 03/02/09
