Savannah, GA
Employment and labor Lawyer at Savannah, GA
Practice Areas: Employment & Labor, Personal Injury, Sexual Harassment
OUTCOME: Obtained favorable outcome for the Union at the District Court level (dismissed on summary judgment)
Defended the Union against claims of retaliation under Title VII
OUTCOME: Favorable outcome for the Union and the case was dismissed on summary judgment
Defended Union against alleged breach of duty of fair representation and alleged breach of collective bargaining agreement
OUTCOME: Case Won on Appeal
In June of 2012, following a three (3) day trial and an adverse decision at the trial court level, Attorney Charles S. Herman of the Law Office of Charles S. Herman successfully argued this case before ... the Georgia Supreme Court (Northway v. Allen, 291 Ga. 227 (Ga. 2012)). In that case, Attorney Herman represented Jeffery Northway, the mayor of a small rural town in Southeast Georgia in an ethics complaint and investigation. Mayor Northway was elected mayor of Springfield in 2009 and took office in January 2010. In October 2010, four of six city council members – Troy Allen and three others – brought an ethics complaint against Northway, alleging violations of the city’s Ethics Code Ordinance. On Nov. 22, 2010, the four city councilmen voted for Northway’s resignation. The Ethics Committee subsequently found no ethical violations. When Mayor Northway refused to step down, the council members petitioned the Effingham Superior Court for his removal. At issue in the case was Section 45 of the City of Springfield City Charter, which was enacted in 1912 and states that “should the mayor or any member of the city council be guilty of malpractice in office, willful neglect of duty, gross and willful abuse of the powers entrusted to them or for any reason become incompetent or unfit to fill such office, in the judgment of any four members of council then and in that event, they are authorized to ask for his resignation....” If he fails to resign, the charter goes on to say, the four members may “bring a rule against such offending officer setting up the charges” and take the matter to court, where the judge may hear testimony, pass upon the rule and remove the officer. Attorney Charles S. Herman, on behalf of Mayor Northway, filed two motions to dismiss the case – one challenging Section 45 as unconstitutional and the other arguing the council members’ petition failed to state a claim for which relief could be granted. The Superior Court judge denied both motions. In July 2011, a three-day “bench trial” was held before the judge with no jury. In August, the trial court entered an order removing Northway from office. In support of his decision, the judge referred to conduct by Northway that had undermined other city officials and included statements about alleged improper bidding processes. Northway then appealed to the state Supreme Court. Attorney Charles S. Herman orally argued the case before the highest court in the State of Georgia, the Georgia Supreme Court, which ruled in favor of the former mayor of Springfield, Georgia by reversing the Effingham County judge’s order that had ousted the mayor from office. The Georgia Supreme Court held that the trial court erred when it denied the mayor's motion to dismiss and remanded the case to the trial court. The case raised various constitutional issues, including due process rights and First Amendment issues. In a unanimous decision, Justice Robert Benham wrote that the trial court was wrong to remove the mayor from office, and it is sent the case back to that court with directions that it grant the former mayor’s motion to dismiss the case.
OUTCOME: Favorable outcome for the Plaintiff and the case was dismissed on summary judgment
Breach of contract action based on non-compete clause
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