Kenneth A. Weber, shareholder in the Nashville office, concentrates his practice in labor and employment law and ERISA litigation. Mr. Weber is a trial lawyer who has participated in over 30 trials, including more than 10 jury trials as "first chair."
Employment Law: Mr. Weber has defended the full range of employment discrimination and harassment claims; retaliation and whistleblower claims; employment contract claims; wage and hour claims, including several FLSA collective actions; and employment related defamation claims.
- Sherk v. ADESA Atlanta, LLC, 432 F.Supp.2d 1358, (N.D.Ga. 2006) (Summary judgment for employer on harassment/retaliation claims)
- Crum v. Tyson Fresh Meats, 390 F.Supp.2d 658 (M.D.Tenn. 2005) (Summary judgment for employer on race discrimination/harassment/retaliatory discharge claims)
- Overnite Transp. Co. v. Teamsters Local Union No. 480, 172 S.W.3d 507 (Tenn. 2005) (Tennessee Supreme Court opinion in favor of employer in strike violence lawsuit)
- Belcher v. Shoney’s, Inc., 30 F.Supp.2d 1010 (M.D.Tenn. 1998) (FLSA collective action)
Mr. Weber also frequently counsels employers on litigation avoidance and compliance strategies, provides general employment law advice and training, drafts employment contracts and policies and represents employers during Department of Labor and EEOC investigations.
ERISA Litigation: Mr. Weber's ERISA litigation experience includes defending institutional plan and/or claim administrators as well as employers in cases involving the denial of employee benefits, breach of fiduciary duties and related claims.
- Hannah v. American Republic Ins. Co., 416 F.Supp.2d 605 (W.D.Tenn. 2006) (Summary judgment for employer on claims for ERISA interference and wrongful denial of benefits)
- Storms v. Aetna Life Ins. Co., 2005 WL 2175997 (6th Cir. 2005) (Judgment in favor of claims administrator on long term disability claim)
Other Experience: Mr. Weber also has experience representing clients in unfair competition cases, including employee non-competes, trade secret theft, breaches of fiduciary and loyalty duties and tortious interference claims. Mr. Weber's experience also includes complex litigation and class action defense.
- "Pretrial Tools—Dispositive Motions, Affidavits, Motions in Limine and Stipulations," Presented at the May 2003 Nashville Bar Association CLE Seminar entitled, "Discovery and Trial Practice: Impressing Your Judge and Jury by Streamlining the Issues."
- Listed in The Best Lawyers in America® in Labor and Employment Law, 2011 and 2012
- Listed in Mid-South Super Lawyers, 2011
- Member – Tennessee, Nashville and American Bar Associations
- Member – EEO Committee of the Labor and Employment Law Section of the American Bar Association
- Member – Defense Research Institute (DRI); Employment Law Committee and Life, Health and Disability Committee
- U.S. District Court, Eastern District of Tennessee, 2003
- U.S. Court of Appeals, Sixth Circuit, 1996
- U.S. District Court, Middle District of Tennessee, 1992
- Tennessee, 1992
- University of Tennessee at Knoxville, J.D., 1992
- Middle Tennessee State University, B.S., 1988