John W. Hargrove

The College of Labor and Employment Lawyers, Fellow Listed in Chambers USA, Labor & Employment, 2011-2024 Listed in The Best Lawyers in America® Employment Law – Management, 2011-2025 Labor Law – Management, 2011-2025 Litigation – Labor & Employment, 2011-2025 Labor and Employment Law, 2009-2010 "Lawyer of the Year," Birmingham, Labor Law – Management, 2021 "Lawyer of the Year," Birmingham, Litigation – Labor & Employment, 2024 Listed in Mid-South Super Lawyers, Employment & Labor, 2016-2024 Listed in Alabama Super Lawyers, Employment & Labor, 2011-2015 Listed in Benchmark Litigation Labor & Employment Star, 2020-2022, 2024 Listed in Birmingham Magazine, "Top Attorneys," Employment/Labor Law, 2016  Listed in B-Metro, "Top Lawyers," 2019-2020 Listed in Lawdragon 500 Leading U.S. Corporate Employment Lawyers, 2020, 2022, 2024-2025 Listed in Birmingham Business Journal "Best of the Bar", 2023 Pablo v. Durall (2024) In a workplace fatality case, obtained a 9-0 Alabama Supreme Court decision reversing a plaintiff’s trial court verdict in which the Supreme Court held that the defendant employee could not be liable under Alabama’s co-employee liability statute for failing to install a safety device when the device was not provided with the machine and was not shown on the engineering schematics for the machine. Ivey v. Crestwood Hospital (2024) Eleventh Circuit opinion affirming summary judgment in national origin discrimination and harassment case. Berry v. Crestwood Hospital (2023) After oral argument and extended appellate practice, obtained Eleventh Circuit opinion affirming summary judgment in race and retaliation case. Coca-Cola Bottling Company United (2022) Successfully negotiated multi-year collective bargaining agreement and averted a strike. Hatfield Metallurgical Coal (2022) Successfully resolved underground permanent disability mine accident case. Smith v. Flowers Hospital (2021) Obtained summary judgment in COVID-19 vaccine mandate case. Alabama Symphony Orchestra (2021) Negotiated multi-year labor contract. Southern Field Maintenance (2020) Successfully resolved OSHA investigation into fatality. Consolidated Design and Machine (2020) Successfully resolved OSHA investigation into partial building collapse.  Coca-Cola Bottling Company United (2019) Won multiple employment arbitrations under collective bargaining agreement. Hunt Refining Company (2019) Successfully resolved OSHA investigation into fatality. Coca-Cola Bottling Company United (2018) Successfully negotiated multi-year collective bargaining agreement with successful resolution of a large strike and multiple unfair labor practice charges. Seneca Coal Resources (2017) Defended successfully two serious mine accident cases before MSHA and in subsequent litigation. Comeens v. Harden Manufacturing (N.D. Ala., 2016) Negotiated settlement in class action case under the WARN Act. Walter Energy, Inc. (2015) Served as labor and employment counsel in one of Alabama’s largest bankruptcies. Thomas Jefferson Foundation, Monticello (DeKalb County Circuit Court, 2014) Favorable jury verdict on all counts after two-week trial over furniture alleged to be owned by Thomas Jefferson and valued at over $5 million. Affirmed by the Alabama Supreme Court. Brooks v. Southland Tube, Inc. (Jefferson County Circuit Court, 2014) Summary judgment in retaliatory discharge and outrage case. Whistleblower case under Solid Waste Disposal Act (2014) Obtained favorable OSHA ruling in whistleblower case. Alagasco (2014) Arbitration concerning employee gun rights with subsequent litigation in federal court. Bryant v. Southland Tube, Inc. (N.D. Ala., 2013) Successfully defeated class action certification by large group of African American employees asserting race discrimination claims. Klein v. L3 Communications and Army Fleet Support (M.D. Ala., 2013) Obtained summary judgment for federal contractor on all claims in whistleblower and retaliation case. North American Lighting OSHA investigation (Ala., 2013) Assisted in large OSHA investigation in North Alabama. Turner and Streetman v. Merion Realty Management, LLC (Ala., 2013) Negotiated settlements in multiple wage and hour cases. Secretary of Labor v. Saiia Construction, LLC (Ala., 2013) Tried multiple cases involving alleged MSHA violations. James Hayden v. Brasfield & Gorrie, LLC (Ala., 2013) Obtained favorable settlement in retaliatory discharge case. Equal Employment Opportunity Commission v. Jim Walter Resources, Inc. (N.D. Ala., 2012) Negotiated ADA consent decree with federal government regarding deaf miner. Morel v. Chevron Mining, Inc. (N.D. Ala., 2012) Obtained summary judgment in ADA, FMLA, and whistleblower case. Facundo Marcelino v. Petrochem Insulation, Inc. (Shelby Co. Circuit Court, 2012) Obtained summary judgment in retaliatory discharge case. Equal Employment Opportunity Commission v. Foley Products Company, Inc. (M.D. Ala., 2012) Negotiated consent decree with federal government in race case. L3 Communications Systems Field Support, NAS Fallon, Home of Topgun (Nev., 2012) Handled five disciplinary arbitrations involving maintenance and repair of Naval strike fighter aircraft. Medplan, Inc. v. Stevens (Jefferson County Circuit Court 2011) Obtained favorable settlement for client resulting in three-year noncompete agreement being dissolved. Hernandez v. Brasfield & Gorrie, LLC (Jefferson County Circuit Court 2011) Obtained summary judgment in retaliatory discharge case. CRC Insurance Services, Inc. v. Cooper (Jefferson County Circuit Court, 2010) Successfully defended attempt by former employer to obtain injunction for alleged noncompete violation after one-week trial. Case ultimately was settled. Jim Walter Resources, Inc. v. United Mine Workers of America (N.D. Ala.; 11th Circuit Court of Appeals, 2010) After oral argument, 11th Circuit ruled that company’s strike damage claims were not barred by collective bargaining agreement. Walton v. Neptune Technologies, Inc. (M.D. Ala., 2010) Obtained defense verdict in sex harassment, retaliation, and ADA case brought by woman accusing manager who had left company and could not be found. Gamble v. St. Vincent Hospital (Jefferson County Circuit Court, 2010) Successfully defeated class action allegations in case involving employee benefit plan. Graham v. Oak Grove Resources, Inc. (Jefferson County Circuit Court, 2009) Obtained favorable settlement in coal mine death case against individual supervisors after three days of trial before jury. L. v. Cowin & Co. (D.O.L., 2008) Obtained favorable settlements with MSHA in zinc mine fatality. Troup v. Brasfield & Gorrie, LLC (Baldwin County Circuit Court, 2007) Obtained summary judgment for defendant in retaliatory discharge and outrage case. Patilla v. Pittsburg & Midway Coal Mining Co., et al. (Fayette County Circuit Court, 2007) Obtained summary judgment for defendants in co-employee liability case involving coal mine fatality. Mountain Brook Club v. Southern Golf & Logo (Shelby County Circuit Court, 2007) Obtained verdict for plaintiff club against insurance agent who failed to provide a Porsche as a hole-in-one prize. Pittsburg & Midway Coal Mining Co. v. Tuscaloosa County Special Tax Board (Tuscaloosa County, 2006) Obtained multiple favorable circuit court rulings resulting in two favorable Alabama Supreme Court opinions regarding the proper recipient of use tax. Vickery v. Cavalier Homes (N.D. Ala., 2005) Obtained defense verdict after week-long trial in ADA case brought by a woman with breast cancer. Shariff v. AHSAA (N.D. Ala., 2004) Obtained bench decision in favor of state sports organization which determines eligibility of high school football players. Rubley v. Pittsburg & Midway Coal Mining, Inc. (Tuscaloosa County Circuit Court, 2004) Obtained appellate court decision in favor of defendant in case brought over a death at a coal mine. Republic Paperboard Company, LLC (2003) Obtained confidential settlement in representing plaintiff in dispute over a paperboard mill foundation after more than 50 depositions taken in 15 states. Kutzley v. Cavalier Manufacturing, Inc. (Marion County Circuit Court, 2002) Obtained summary judgment for individual defendant in sexual harassment case. Jones v. Pittsburg & Midway Coal Mining Co. (N.D. Ala., 2002) Obtained favorable settlement of discharged local union president after one day of trial. Norman v. Brasfield & Gorrie, LLC (N.D. Ala., 2001) Obtained summary judgment in racial harassment case in which offensive graffiti and objects had been alleged. Tougas v. Susquehanna Radio Corporation (N.D. Ala., 2001) Obtained summary judgment for radio station and employee in sexual harassment case. Yancy v. Meadowcraft, Inc. (Jefferson County Circuit Court, 2001) Obtained jury verdict for defendant in week-long retaliatory discharge case tried solo in Birmingham. Thames v. Property Owners Association of Ono Island, Inc. (Baldwin County Circuit Court, 2001) Obtained favorable bench decision in dispute over proper set-back lines from shoreline in upscale development on the Gulf of Mexico. Gibson v. Amateur Softball Association of America (Jefferson County Circuit Court, 1999) Obtained favorable ruling on injunction request and ultimately summary judgment in franchising dispute for national sports organization. Marino v. Carpet Max (Jefferson County Circuit Court, 1998) Obtained directed verdict at close of all the evidence in a fraud and breach of contract case involving a noncompete contract. Snow v. Cowin & Company, Inc. (National Labor Relations Board, 1996) Obtained bench verdict before ALJ in case in which union official alleged discharge was due to union activities. Felton v. City of Auburn (M.D. Ala., 1996) Obtained favorable settlement after striking jury in federal civil rights case brought by class of firefighters. Jim Walter Resources, Inc. v. United Mine Workers of America (D. Ala., 1995) Obtained negotiated settlement of damages case against union and its locals for unauthorized work stoppage. Mann v. Arrowhead Country Club (M.D. Ala., 1995) Obtained summary judgment in case brought by discharged tennis pro. Moore v. Pittsburg & Midway Coal Mining Co. (N.D. Ala., 1995) Obtained summary judgment and 11th Circuit decision in Section 301 case brought by coal miner denied certain disability benefits. Rousey v. Pine Tree Country Club (N.D. Ala., 1995) Obtained summary judgment in case brought by discharged golf pro. Prince v. United Parcel Service, Inc. (N.D. Ala., 1994) Obtained bench decision in race discrimination case after week-long trial involving delivery driver. Trinity Industries, Inc. v. United Steel Workers of America (Jefferson County Circuit Court, 1992) Obtained multiple injunctions against union during violent strike during which tear gas was used and shootings occurred. Doe v. Riverchase Country Club (Shelby County Circuit Court, 1991) Obtained bench decision after trial of sex discrimination case. NCAA v. Auburn University (NCAA, 1988) Obtained favorable ruling for football coach after traveling around country interviewing witnesses related to alleged recruiting violations. Price & Vacha v. Jim Walter Resources, Inc. (D.O.L., 1988) Tried multiple cases in multiple venues and obtained rulings in favor of coal operator implementing major drug testing initiative. Darnell v. Jim Walter Resources, Inc. (N.D. Ala., 1986) Tried solo within six months of beginning practice and obtained bench decision in favor of defendant in race discrimination case that was appealed all the way to United States Supreme Court.