Attorney John A. Gallagher's Legal Cases

Employment and labor

Whitman v. Proconex, Inc.

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OUTCOME: Won Court Ruling in FMLA Case

A woman from Telford came to us believing she had been fired from a large company in retaliation for taking Family and Medical Leave to care for her daughter, who had a severe disability. We filed suit ... in Federal Court under the Family and Medical Leave Act, and were opposed by a large Philadelphia firm that put two lawyers on the case. The defendant contended that the client’s allegedly extensive history of work-related discipline, and not her taking of family leave, was the real reason for her termination. After discovery, the defendant tried to have the case thrown out of Court. We responded by citing the information we had learned during the case. The Court ruled in our favor, and held that the matter should proceed to trial. Thereafter, the defendant, who had offered nothing to settle the case, made an offer to settle. Following intense but quick negotiations, we resolved the case to our client’s satisfaction. As a result of our representation, she suffered no loss of income, and indeed received more than she would have had she continued to be employed by the defendant

Employment and labor

Scholly v. JMK Plastering, Inc.

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OUTCOME: Won Overtime Retaliation Case

In this case, our client had sought overtime payments after the company, which was very busy, switched him from an hourly pay rate to a salary. That way, he would earn less while on salary during the ... weeks that he worked 50-60 hours then if he had been paid on an hourly basis, which the company would do during slower periods. The employer tried to have the case thrown out of court, but the judge upheld the employee's right to sue for wrongful discharge under the Fair Labor Standards Act where, as here, the employer retaliates against an employee who seeks overtime payment by firing the employee. The issue of whether an employee can sue for retaliation under these circumstances was not always clear in this jurisdiction prior to this decision.

Libel and slander

Karedes v. Gannett Company, Inc.

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OUTCOME: Won Libel/Defamation Case

Our client, who was a public figure, was slandered by a newspaper and a television station that ran pieces suggesting that he had grossly mismanaged a municipal golf course. We brouight a federal laws ... uit against the defendants, Gannet Newspapers (publishers of USA TODAY) and two major television newtworks, including ABC Corporation. The Chief Judge of the Federal District Court for the Northern District of New York threw the case out, but on appeal, the Second Circuit Court of Appeals sitting in New York, perhaps the most protective Court in America of the First Amendment rights of the Media (particularly where public figures are making a claim), overturned the decision of the Chief Judge, holding that plaintiff had a case for libel/defamation. Many major publishers and Media outlets filed Amicus Briefs (Freinds of the Court briefs), asking the Second Circuit to reconsider its decision, asserting that the decision it had entered changed the law of libel in New York to make it more likely that the Media could be sued for libel/defamation. Their efforts failed. Soon thereafter, the defendants, Gannett and ABC, settled on terms that my client found quite acceptable.

Employment and labor

Karedes v. Colella

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OUTCOME: Won Breach of Contract Case

Our client was fired by the municipality for which he worked as manager of a golf course that ran a PGA Tour event, even though he more than 3-years remaining on a 4-year employment contract. The muni ... cipality claimed that it had the right to choose who could run one of its largest assets. We sued in state court in New York. We won at the lower level, and then lost on appeal. We sought review by New York's Court of Appeals, New York's highest court, which usually grants the right to be heard on only 5% of the civil cases that apply for such hearing. Our request for hearing was granted. Following briefing and oral argument, the Court of Appeals reversed the decision of the the lower appeal court. Thereafter, on the eve of trial, the defendant settled the case by compensating our client for the damages he had sustained as a result of being fired 3-years before his contract was to expire.

John A. Gallagher's Legal Cases (4)

Whitman v. Proconex, Inc.

Scholly v. JMK Plastering, Inc.

Karedes v. Gannett Company, Inc.

Karedes v. Colella