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Nakimuli O. Davis-Primer

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Nakimuli O. Davis-Primer concentrates her practice in the areas of labor and employment and commercial litigation.

Featured Videos

Return to Work Protocol – What Employers Need to Know April 29, 2020
Your Questions Answered Part 2: Understanding Employer Rights and Obligations Under the New DOL Regulations on Paid COVID-19 Leave April 9, 2020
Your Questions Answered: What Does the Families First Coronavirus Response Act Mean for Employers? March 24, 2020
Managing a Multigenerational Workforce August 22, 2017

Featured Experience

Obtained summary judgment in favor of an employer client in a discrimination lawsuit filed in federal court alleging race and age discrimination in violation of Title VII and the ADEA and successfully defended the appeal before the U.S. Court of Appeals for the Fifth Circuit and the United States Supreme Court.

Obtained dismissal in favor of the client for a wrongful termination lawsuit in Mississippi state court and successfully defended appeal before the Mississippi Court of Appeals and Mississippi Supreme Court.

Obtained summary judgment in favor of client in premises liability suit involving fall down a hill on the property.

Professional Biography

Overview

Nakimuli has extensive experience in the areas of employment law and commercial litigation.

With regard to employment law, Nakimuli partners with clients to create respectful workplaces that comply with federal, state, and local laws by counseling and advising employers on day-to-day issues in the workplace; reviewing, recommending, and creating employee handbooks and policies; conducting training programs for employees, including management- and supervisory-level, on employment-related laws and diversity, equity, and inclusion issues; and accessing and reducing risks associated with employment decisions and responses to demands and complaints raised by employees or other parties.

Clients frequently call upon Nakimuli to conduct internal investigations and for advice on leave and accommodation issues, termination decisions, pay, and other employment decisions, including guiding employers through reorganizations, reductions in force, restructuring, and voluntary buy-out programs.

Nakimuli also represents employers in litigation and administrative actions, including proceedings before the Equal Employment Opportunity Commission (EEOC), Unemployment Commission, and the Department of Labor. She defends employers in wrongful-termination actions and in single and multi-plaintiff litigation, as well as litigation filed by the EEOC pursuant to various federal laws, including Title VII of the Civil Rights Act, Section 1981, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Rehabilitation Act, the Family and Medical Leave Act (FMLA), the Equal Pay Act (EPA), and the Fair Labor Standards Act (FLSA).

Nakimuli has extensive experience representing manufacturers as well as higher education institutions on various employment-related and student issues, including Title IX. Since the COVID-19 pandemic began, employers across numerous industries, including manufacturing, education, banking, health care, and hospitality, have called on Nakimuli for advice and counsel regarding leaves, accommodations, the Families First Coronavirus Response Act (FFCRA), reductions-in-force, furloughs, exposures and diagnoses, hiring, terminations, policies and procedures, return-to-work planning, and testing, among others.

With regard to commercial litigation, Nakimuli has experience representing companies on breach of contract, fraud, personal injury, premises liability, intentional torts, and other issues.  She has experience representing insurance carriers on breach of insurance policy claims and bad faith claims and in representing the carriers' corporate insureds in litigation ranging from premises liability, breach of contract, breach of duties of good faith and fair dealing, employment, negligence, negligent supervision, product liability and defect, and other claims. Nakimuli also has experience reviewing and evaluating insurance policies to assist insurers with making coverage decisions and representing insurers in declaratory judgment actions. 

Prior to joining Baker Donelson, Nakimuli was a law clerk to the Honorable Leslie H. Southwick of the U.S. Court of Appeals for the Fifth Circuit. As a law clerk, she analyzed complex litigation issues, including the issues she currently handles. Nakimuli has also served as an Adjunct Professor at the Mississippi College School of Law. Nakimuli is licensed in both Mississippi and Tennessee.

Representative Matters
  • Obtained dismissal of a gender discrimination claim in violation of Title VII, age discrimination claims in violation of the ADEA as well as Section 1983 and Section 1981 claims alleged against a school district in federal district court.

  • Successfully resolved state court litigation alleging FLSA violations against a higher education institution for their alleged failure to pay for overtime and alleged hours worked.

  • Successfully represented a higher education client on three charges of discrimination alleging disability, age, and gender discrimination claims against the institution before the Equal Employment Opportunity Commission.

  • Successfully defended federal court litigation against a health care client on alleged violation of the FFCRA due to an employee's diagnosis of COVID-19.

  • Obtained summary judgment in favor of an employer client in a discrimination lawsuit filed in federal court alleging race and age discrimination in violation of Title VII and the ADEA and successfully defended the appeal before the U.S. Court of Appeals for the Fifth Circuit and the United States Supreme Court.

  • Obtained dismissal in favor of the client for a wrongful termination lawsuit in Mississippi state court and successfully defended appeal before the Mississippi Court of Appeals and Mississippi Supreme Court.

  • Obtained summary judgment in favor of client in premises liability suit involving fall down a hill on the property.

  • Obtained dismissal in favor of a client in a breach of contract and constructive fraud case involving alleged failure to properly inspect a home and reveal termite infestations.

  • Conducted multiple employment law trainings for various clients including higher education and state governmental agency clients on respectful workplaces, documentation, harassment, discrimination, leaves and accommodations, unemployment, and other employment related issues.

  • Conducted multiple trainings and presentations on numerous diversity, equity and inclusion issues including training more than 150 attorneys and staff on implicit (unconscious) bias and debiasing measures, more than 50 human resource personnel on generational differences in the workplace and unconscious bias, more than 50 employees on gender, age, and race biases and stereotypes, more than 25 participants on generational issues and best practices, and others on various general diversity and inclusion issues and concerns.

  • Obtained summary judgment in favor of the client in a premises liability case involving a trip-and-fall on a set of stairs on the property.

  • Obtained dismissal in favor of an insurance company client in a case alleging bad faith breach of contract for denying life insurance premiums and seeking more than $500,000 in compensatory damages as well as extra-contractual, consequential and punitive damages.

  • Obtained dismissal or other successful resolution of five charges of discrimination for a manufacturing client alleging various claims including race, age, gender discrimination, and retaliation.

  • Represented employers during the unemployment claims handling process to obtain reversal of award of unemployment claim in favor of the discharged employee.

  • Represented multiple employers, including higher education institutions, state agencies, and manufacturers, and obtained favorable resolutions in EEOC administrative proceedings by responding to charges of discrimination and investigator questions, interviews, requests for information, mediations and conciliations.

  • Obtained favorable resolutions on behalf of multiple employers in discrimination and retaliation claims in federal court.
  • Obtained summary judgment in favor of an insurance company client in a case alleging bad faith breach of insurance policy including issues concerning mold coverage, liability for contractor's negligence and gross negligence in claims handling.

  • Obtained favorable ruling from the Mississippi Court of Appeals affirming dismissal of claims against insurance company client in which the plaintiff sought $750,000 in compensatory damages and over $2 million in punitive damages for bad faith failure to pay insurance benefits under a homeowner's policy and successfully defended request for Certiorari to the Mississippi Supreme Court.
  • Obtained dismissal in favor of an insurance company client in state court alleging breach of insurance contract and bad faith for failing to pay a homeowner's insurance proceeds.

  • Obtained favorable resolution for multiple childcare facility clients on negligent supervision and training claims.

  • Handled settlement approval process for the settlement of multiple minor's claims in Mississippi chancery courts.

  • Obtained summary judgment on behalf of a mortgage servicer where the borrower asserted standing and debt collection issues and sought to invalidate the debt and deed of trust. Successfully briefed the mortgage servicing issues, including standing and statutory construction in nonjudicial foreclosure action, before the U.S. Court of Appeals for the Fourth Circuit.

  • Obtained favorable venue transfers in employment cases, bad faith worker's compensation case in state court and breach of contract claim in federal court.

  • Defended a poultry processor against race, national origin and gender discrimination, retaliation, and harassment claims brought by 11 individual plaintiffs and a pattern and practice claim brought by the EEOC seeking to recover equitable relief, compensatory damages, and punitive damages on behalf of more than 100 class members that ultimately resulted in a favorable settlement for the client.

  • Obtained consent judgment that an insurance policy was void ab initio in a declaratory judgment action resulting in the insurer only repaying the insurance premium.

  • Obtained summary judgment in favor of the client in a case alleging respondeat superior claim by demonstrating the alleged negligent actor was not an employee of the client but an independent contractor.

Professional Honors & Activities
  • Recognized by the American Bar Association Young Lawyers Division as a 2020 On the Rise – Top 40 Young Lawyer
  • Recognized by the National Black Lawyers as a Top 100 Attorney (2015 – 2019)
  • Named a Mid-South Rising Star by Mid-South Super Lawyers (2014 – 2019)
  • Recipient – Capital Area Bar Association Outstanding Service Award (2018)
  • Fellow – Leadership Council on Legal Diversity (since 2017)
  • Fellow – American Bar Foundation (since 2016)
  • Barrister – American Inns of Court, The Charles Clark Inn (2019 – present)
  • Editor – Baker Donelson's Diversity Newsletter (January 2020 – present)
  • Associate – American Inns of Court, The Charles Clark Inn (2013 – 2015)
  • Named to PORTICO 10 by Portico Magazine (2015)
    • Recognized as one of the top 10 up-and-coming attorneys in the Jackson metro area
  • Named to Lawyers of Color's inaugural "Hot List" (2013)
    • Recognized as one of 100 early to mid-career minority attorneys under 40 from the South who are excelling in the legal profession.
  • Recipient – Jackson Young Lawyers Outstanding Service Award (2013)
  • Member – Jackson Young Lawyers Association
    • Co-chair of Community Service Committee (2012 – 2014)
  • Member – Mississippi Bar
    • Disaster Legal Assistance Committee Volunteer Coordinator (2012 – 2013)
  • Member – American Bar Association
    • Diversity Liaison for the Workers' Compensation Committee (2014 – 2016)
  • Member – Magnolia Bar Association and Metro Jackson Black Women Lawyers Association
  • Member – Capital Area Bar Association
    • Chair of Diversity Committee (2016 – 2108)
    • Director on Executive Board (2019 – present)
    • Liaison to Diversity Committee and Board (2019 – present)
  • Leadership Council on Legal Diversity Pathfinder (2016)
  • Adjunct Professor of Legal Writing at Mississippi College School of Law (Spring 2010 and Spring 2011)
  • Law Clerk – The Honorable Leslie H. Southwick, U.S. Court of Appeals for the Fifth Circuit (2009 – 2010)
Civic Honors & Activities
  • Graduate – Leadership Greater Jackson, class of 2014 – 2015
  • Honored – Volunteer of the Year by Jackson Public School District for service to Dawson Elementary School (2013)
  • Member – Alpha Kappa Alpha Sorority, Inc. (2003 – present)
Publications
Speaking Engagements
  • "Life Cycle of an Employee: Separations from Employment" (January 2020)
  • "Obstacle or Opportunity: Communicating Across Generations," University of Mississippi Winter Mississippi Municipal Attorney Association CLE (January 2020)
  • "Generational Differences in the Workplace," Mississippi Corporate Counsel Association's monthly luncheon, Jackson, Mississippi (August 2019)
  • "Implicit Bias: Unconscious Decisions and Ethical Considerations," Mississippi Bar Labor & Employment Section (July 2019)
  • "Understanding Generations," Bay St. Louis Rotary Club (May 2019)
  • "Employment Law Update," University of Mississippi CLE (May 2019)
  • "Discrimination in Pay: Beyond the Numbers" (May 2018)
  • "Closing the Divide: How Young Lawyers Can Transcend Generational Differences in the Legal Profession," Capital Area Bar Association Flash CLE (March 2018)
  • "Discrimination in Pay: Beyond the Numbers," University of Mississippi Center for Continuing Legal Education's Last Chance CLE (September 2017)
  • "Embracing a Multigenerational Workforce" (May 2017)
  • "Embracing a Multigenerational Legal Profession," Capital Area Bar Association (April 2017)
  • "Internal Investigations & Corrective Measures," University of Mississippi's Center for Continuing Legal Education's Current Issues in Employment Law CLE Seminar (May 2016)
  • "Employee Misconduct Investigations & Discipline," Mississippi Municipal Attorney's Association (January 2016)
  • "The Unemployed Employee," The Northeast Mississippi Human Resources Association (June 2015)
  • "Shaking Things Up: A View from the Bench, the Bar and Beyond," Capital Area Bar Association (April 2015)
  • "Employment Law Update," CLE presentation for The University of Mississippi School of Law (April 2015)
  • "The Unemployment Claims Process," Mississippi Hospitality & Restaurant Association's Restaurant University, Jackson, Mississippi (June 2014)
  • Panelist – "Women in the Profession," Tougaloo College Law Day (2011)
  • "Transitioning from an Engineering Background to Attorney," Mississippi State University (2011)

Education

  • University of Mississippi School of Law, J.D., magna cum laude, 2009
    • Hugh C. "Buzzy" Clayton Memorial Scholarship Recipient
    • Executive Articles Editor, Mississippi Law Journal
    • President, Phi Delta Phi
    • Treasurer – Black Law Student Association
    • Tutor – Oxford Boys and Girls Club
    • Volunteer – North Mississippi Rural Legal Services
    • 11th Annual Entertainment Law Initiative Writing Competition Finalist, 2009
  • Mississippi State University, B.S. in Computer Science & Engineering (minors in Software Engineering and Math), magna cum laude, 2005

Admissions

  • Tennessee, 2009
  • Mississippi, 2009
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. District Courts for the Northern and Southern Districts of Mississippi, 2009 

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