Frederick T.Smith

he/him/his

Partner

Labor & Employment

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Charlotte

+1 (704) 925-6023

Atlanta

+1 (404) 888-1021

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PROFILE

EXPERIENCE

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ACCOMPLISHMENTS

Fritz represents employers in all phases of complex employment litigation.

More About Fritz

Fritz is an experienced employment litigator based in the Southeast (with offices in Charlotte and Atlanta) who manages several of the firm’s largest employment portfolio relationships, leveraging his teams’ collective experience and his commitment to client service to deliver superior results and value. During his tenure as the chair of the firm’s Employment Litigation and Counseling practice group, Fritz was one of the principal architects of the SeyfarthLean administrative agency charge and employment litigation flat fee service offerings and one of the firm’s early adopters of Six Sigma business process improvement methodologies to deliver legal services. As a result, the majority of the routine employment matters that Fritz and his teams handle across the country are done so under flat fee and other alternative billing arrangements. Fritz employs the same philosophy and methodologies in efficiently managing and successfully resolving class and other complex employment litigation actions.

Fritz represents employers in numerous industries (including financial services, hospitality, health care, risk information, technology, retail, and defense) in a wide variety of labor and employment law matters. Fritz devotes the majority of his practice to state and federal court litigation and arbitration (AAA and FINRA) matters, including actions involving claims brought under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Equal Pay Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Fair Credit Reporting Act, and various other local, state, and federal statutes, as well as a myriad of state law tort and contract claims.

Fritz has significant experience representing employers in all phases of complex employment litigation, including:

Multiplaintiff and class action lawsuits under the ADA, Title VII/Section 1981, the FCRA, RICO, and state law claims
Collective actions under the ADEA, EPA, and FLSA
Lawsuits filed by the EEOC in federal courts across the country
EEOC Commissioner’s Charges

Fritz also regularly counsels clients regarding their employment policies and practices to help them comply with local, state, and federal laws and to avoid the expense and other wasted resources associated with state and federal court litigation. Fritz also is a nationally recognized authority on workplace drug and alcohol testing policies and practices.

Fritz has been listed as one of top employment litigators in Georgia by Chambers USA (2014-2023), Best Lawyers in America (Woodward/White Inc.) (2013-2021), and Super Lawyers (Thomson Reuters) (2009-2020). Fritz is also the managing partner of the firm’s recently opened Charlotte office.

Fritz has significant experience representing employers in all phases of complex employment litigation, including:

Multiplaintiff and class action lawsuits under the ADA, Title VII/Section 1981, the FCRA, RICO, and state law claims
Collective actions under the ADEA, EPA, and FLSA
Lawsuits filed by the EEOC in federal courts across the country
EEOC Commissioner’s Charges

Education

JD, University of Pennsylvania Law School
Comparative Labor Law Journal, associate editor
BA, Wake Forest University
Magna cum laude

Admissions

Georgia
Illinois
North Carolina

Courts

US Court of Appeals, Second Circuit
US Court of Appeals, Fourth Circuit
US Court of Appeals, Fifth Circuit
US Court of Appeals, Sixth Circuit
US Court of Appeals, Seventh Circuit
US Court of Appeals, Ninth Circuit
US Court of Appeals, Eleventh Circuit
US District Court, Middle District of Florida
US District Court, Northern District of Florida
US District Court, Middle District of Georgia
US District Court, Northern District of Georgia
US District Court, Southern District of Georgia
US District Court, Central District of Illinois
US District Court, Northern District of Illinois
US District Court, Southern District of Illinois
US District Court, Eastern District of Michigan
US District Court, Western District of Michigan
US District Court, Western District of New York
US District Court, Eastern District of North Carolina
US District Court, Middle District of North Carolina
US District Court, Western District of North Carolina
US District Court, Western District of Tennessee
US District Court, Eastern District of Wisconsin
Supreme Court of Georgia
Georgia Court of Appeals
Georgia Superior Courts
Illinois Supreme Court
Illinois Appellate Court
North Carolina Supreme Court
North Carolina Court of Appeals
North Carolina Superior Court

EXPERIENCE

Frazier v. First Advantage Background Services Corp., Case No. 3:17-cv-00030-MHL (E.D. Va. 2019) (district court dismissed, with prejudice, multiple class action claims brought by 18 named plaintiffs against consumer reporting agency for lack of standing and inadequate pleading).
Erickson v. First Advantage Background Services Corp., No. 1:16-cv-01894-ODE (N.D. Ga. 2019) (trial court granted directed verdict in favor of consumer reporting agency in a lawsuit brought by consumer under the FCRA).
(D.S.C. 2019) (district court granted summary judgment to national banking association in defamation lawsuit brought by former employee, holding that bank’s statement to FINRA regarding the reason for employee’s termination in Form U5 was protected by a qualified privilege under South Carolina law).
Rozelle v. Munich American Reassurance Co., No. 1:16-cv-03828-LMM (N.D. Ga. 2018) (district court granted summary judgment to company in lawsuit brought by former employee who claimed the company failed to rehire him for two positions in retaliation and because of his race, sex, and age in violation of Title VII and the ADEA).
Business Health Sols. v. First Advantage Corp. et al., No. 2:18-cv-10931-PDB-DRG (N.D. Ill. 2018) (plaintiff voluntarily dismissed class action brought under Telephone Consumer Protection Act).
(N.D. Ala. 2018) (district court granted motion for summary judgment to national bank in lawsuit filed by former employee for race and sex discrimination and retaliation under Title VII).
Abram v. Aldi Inc. et al., No. 8:16-cv-00072-EAK-TGW (M.D. Fla. 2017) (district court granted summary judgment to company and one of its presidents in lawsuit brought by applicant who claimed she was denied employment because of her race in violation of 42 U.S.C. § 1981 and the Florida Civil Rights Act).
Hurtado v. Aldi Inc., Case No. 2017-CA-008760 (Hillsborough Cty., Fla. Cir. Ct. 2017) (plaintiff voluntarily dismissed Fair Credit Reporting Act class action against employer).
Pasternack v. LexisNexis Occupational Health Solutions Inc. et al., No. 14-4101 (2d Cir. 2016) (court of appeals affirmed district court order granting drug testing program administrator’s motion to dismiss employee’s negligence and fraud claims).
Whitten v. MetLife Securities Inc., No. 16-00122 (FINRA 2016) (arbitrator denied claimant’s request for expungement of termination information in Form U5 and for compensatory damages).
Muir v. First Advantage Background Servs. Corp., No. 2:16-cv-00521 (D.N.J. 2016) (district court granted consumer reporting agency’s motion to dismiss employee’s FCRA class action complaint).
McGuire v. 3M Co., No. 6:14-cv-02015-LCS (N.D. Ala. 2016) (district court granted employer’s motion for summary judgment in lawsuit brought by former employee for race discrimination under Title VII and 42 U.S.C. § 1981).
Rocheleau v. First Advantage LNS Screening Solutions, Inc., No. 15-1588 (6th Cir. 2016) (appellate court affirmed district court grant of summary judgment to consumer reporting agency, holding FCRA’s two-year statute of limitations barred lawsuit).
Millman v. First Advantage Background Servs. Corp., No. 2:15-cv-00134-DRH-GRB (E.D.N.Y. 2015) (district court granted drug testing service agent’s motion to dismiss donor’s disability discrimination claims under ADA and New York State Human Rights Law).
Kugler v. LexisNexis Occupational Health Solutions Inc., No. 1:12-cv-00840-WCG (E.D. Wis. 2015) (jury verdict in favor of drug testing service agent in connection with donor’s negligence claim under Wisconsin law).
Holland v. Compass Group USA, Inc., 2015 WL 4208623 (W.D.N.C. 2015) (district court granted employer’s motion to dismiss lawsuit brought by former employee for race discrimination and retaliation under Title VII and wrongful termination under North Carolina law).
(11th Cir. 2015) (appellate court affirmed district court grant of summary judgment to national bank in lawsuit by former employee for national origin and sex discrimination and retaliation under Title VII, discriminatory pay under EPA, and disability discrimination under ADA).
Johnson v. JPMorgan Chase Bank, N.A., No. 1:12-cv-03823-TWT (N.D. Ga. 2015) (district court granted employer’s motion for summary judgment in lawsuit brought by former employee for race discrimination and retaliation under Title VII and 42 U.S.C. § 1981).
Stovall v. Compass Group USA, Inc., 2014 WL 2803522 (S.D. Ala. 2014) (district court granted employer’s motion for summary judgment in lawsuit brought by former employee for race and religious discrimination and retaliation under Title VII).
Mynatt v. Morrison Mgmt. Specialists, Inc. et al., No. 3:12-cv-00303-RLJ-HBG (E.D. Tenn. 2014) (district court granted employer’s motion for summary judgment in lawsuit brought by former employee for disability discrimination and retaliation under ADA and gender and race discrimination, hostile work environment, and retaliation under Title VII).
Austin v. Compass Group USA, Inc., No. 2:12-cv-02564-RDP (N.D. Ala. 2014) (district court granted employer’s motion for summary judgment in lawsuit brought by former employee for race discrimination and retaliation under Title VII).
Jackson v. LexisNexis Risk Solutions FL Inc., No. 3:11-cv-00778-WHB-RHW (S.D. Miss. 2013) (district court granted employer’s motion for summary judgment in lawsuit brought by former employee for gender discrimination and retaliation under Title VII, age discrimination under ADEA, and infliction of emotional distress under Mississippi law).
Toussaint v. JPMorgan Chase & Co., No. 32 524 00285 12 (AAA 2013) (arbitrator granted summary judgment to employer on claimant’s national origin and race discrimination claims under Title VII and Florida Civil Rights Act).
(N.D. Ga. 2013) (district court granted a national bank’s emergency motion for TRO and preliminary injunctive relief in connection with former sales executive’s breach of non-solicitation agreement).
Securitas Security Services USA, Inc. v. Whitt, No. 5:12-cv-00690-AKK (N.D. Ala. 2012) (district court granted employer’s emergency motion for TRO and preliminary injunctive relief in connection with former employee’s breach of non-disclosure/non-competition/non-solicitation agreement).
Holland v. Levy Premium Foodservice Ltd. P’ship and Compass Group USA, Inc., No. 11-14518-BB (11th Cir. 2012) (appellate court affirmed district court’s dismissal with prejudice of class action complaint brought by luxury suite attendants at the Georgia Dome, Philips Arena, and the Atlanta Motor Speedway to recover service charge on suite food and beverage purchases through common law claims of breach of contract, breach of third-party beneficiary contract, unjust enrichment/quantum meruit, and conversion).
Lefevers v. GAF Corp., No. 00-5667 (6th Cir. 2012) (court of appeals affirmed award of summary judgment to employer in ADEA and Tennessee Human Rights Act lawsuit brought by former employee terminated as part of a reduction-in-force).
Alms v. LexisNexis Occupational Health Solutions Inc. et al., U.S. Dist. LEXIS 27081 (S.D. Ala. 2012) (district court granted summary judgment to drug testing program administrator in connection with employee’s negligence, wantonness, and defamation claims).
(N.D. Ala. 2011) (district court granted a national bank’s motion for summary judgment in lawsuit brought by former employee for sex and pregnancy discrimination under Title VII and race discrimination under 42 U.S.C. § 1981).
Gordon v. LexisNexis Screening Solutions Inc. et al., No. 3:10-cv-00579-CWR-LRA (S.D. Miss. 2011) (district court dismissed plaintiff’s Fair Credit Reporting Act, 42 U.S.C. § 1983, and negligence claims against consumer reporting agency).
Smith v. AlliedBarton Sec. Serv. LLC et al., 2011 U.S. Dist. LEXIS 107552 (W.D.N.C. 2011) (district court granted consumer reporting agency’s motion to dismiss plaintiff’s Fair Credit Reporting Act, invasion of privacy, and unfair and deceptive trade practices claims and its motion to dismiss co-defendant’s claims for indemnification and contribution).
Morgan v. Kilgore Flares Co., No. 1:09-cv-01056-JDB-egb (W.D. Tenn. 2010) (district court granted employer’s motion for summary judgment in lawsuit brought by former employee for race discrimination under Title VII and Tennessee Human Rights Act).
Maddox v. Chase Home Finance, LLC, No. 1:09-cv-02943-JOF (N.D. Ga. 2010) (district court granted company’s motion to dismiss pro se plaintiff’s discrimination lawsuit because of failure to timely serve defendant).
Boatner v. ChoicePoint Workplace Solutions Inc. et al., 2010 U.S. Dist. LEXIS 44264 (D. Or. 2010) (district court granted consumer reporting agency’s motion to dismiss cross claims for contribution and indemnification).
Woo et al. v. Nike, Inc., 2010 U.S. Dist. LEXIS 38465 (N.D. Ga. 2010) (district court granted employer’s motion to transfer case in restrictive covenant litigation involving former employee and her potential new employer).
Chambers et al. v. North Highland Properties, Inc. et al., Nos. 1:09-cv-00291-WSD and 1:09-cv-00502-WSD (N.D. Ga. 2009) (district court granted commercial property owner’s motions for summary judgment in ADA Title III lawsuits).
Lerman et al. v. The City of Fort Lauderdale, 346 F. App’x 500 (11th Cir. 2009) (court of appeals affirmed grant of summary judgment to city in lawsuit brought by group of police officers who alleged that the city discriminated against them because of their age in violation of the ADEA and the Florida Civil Rights Act by implementing an early retirement incentive plan), cert. denied, 130 S. Ct. 1543 (2010).
(S.D. Ga. 2009) (court granted a national bank’s motion to dismiss plaintiff’s Title VII and common law tort claims).
Culverson v. GSC Atlanta, Inc., No. 1:07-cv-00655-JEC (N.D. Ga. 2009) (district court granted employer’s motion for summary judgment in lawsuit brought by former employee for race discrimination and racial and sexual harassment under Title VII).
Conner v. Lafarge North America Inc., 343 F. App’x 537 (11th Cir. 2009) (grant of summary judgment affirmed in lawsuit filed by current employee who brought claims of race discrimination under Title VII and Section 1981 over denial of promotion).
Brown v. United HealthCare of Florida, Inc., 984 So. 2d 583 (District Court of Appeal of the State of Florida, Fourth District 2008) (appeals court reversed circuit court order denying employer’s motion to stay proceedings and to compel arbitration of former employee’s lawsuit involving gender discrimination and retaliation claims under Florida Civil Rights Act and six other claims).
Chemence, Inc. et al. v. Godfrey & Wing, Inc., No. 08-CV-147142 (Superior Court of Fulton County, Ga. 2008) (superior court dismissed complaint for declaratory judgment filed by former employee and his new employer, in which they sought to have restrictive covenants in employment agreement between the employee and his former employer declared void and unenforceable, for lack of personal jurisdiction).
Lafarge North America Inc. and United Steelworkers, Local 9-0537, No. 07-56272-3 (FMCS 2008) (arbitrator denied grievance and upheld discharge of employee who used racial slurs in workplace).
Robinson v. Lafarge North America Inc., No. 06-15000-F (11th Cir. 2007) (district court order awarding summary judgment to employer in current employee’s lawsuit involving racial harassment, discrimination, and retaliation claims under Title VII and Section 1981 affirmed by court of appeals).
Terry v. EarthLink, Inc., No. 1:05-CV-1059-JTC-LTW (N.D. Ga. 2007) (district court granted employer’s motion for summary judgment involving former employee’s claims of race discrimination and retaliation under Title VII and Section 1981).
(E.D. La. 2006) (summary judgment granted to a national bank in a lawsuit brought by former employee for age discrimination and retaliation under the ADEA and Louisiana’s age discrimination act).
Price v. Lafarge North America Inc., No. 06-14112-F (11th Cir. 2006) (court of appeals affirmed district court grant of summary judgment to employer with respect to former employee’s claims of gender harassment and discrimination under Title VII, racial harassment and discrimination under Title VII and Section 1981, retaliation under Title VII and Section 1981, FMLA interference, and state law claims for invasion of privacy and negligent supervision, training and retention).
Becerra v. EarthLink, Inc., 2006 U.S. Dist. LEXIS 2383 (D. Kan. 2006) (summary judgment granted to employer in former employee’s lawsuit involving failure to accommodate, retaliation, and constructive discharge claims under the ADA).
Patel et al. v. United Behavioral Health et al., No. 32 160 M 00216 04 (AAA 2005) (arbitrator granted summary judgment to employer on claimants’ wrongful termination claims under Florida Whistle-blower Act).
Pearsall v. United HealthCare Serv., Inc., No. 4:03-CV-00722-JLH (E.D. Ark. 2005) (summary judgment granted to employer in lawsuit involving Title VII hostile work environment, disparate pay, and retaliation claims brought by former employee).
Smith v. Burns Int’l Serv. Corp., 2005 U.S. Dist. LEXIS 13128 (M.D. Ga. 2005) (summary judgment granted to employer with respect to former employee’s claims of sex discrimination and retaliation under Title VII and state law claims of emotional distress and negligent retention).
Triguero v. ABN AMRO Bank N.V. et al., 273 Ga. App. 92, 614 S.E.2d 209 (Ga. Ct. App. 2005) (court of appeals affirmed superior court grant of summary judgment to employer, subsidiary, and executive in defamation lawsuit brought by former employee, a nonresident alien, in connection with an employment reference provided by executive in The Netherlands).
Wells et al. v. EarthLink, Inc., No. CV-02-1372-PHX-RGS (D. Ariz. 2005) (summary judgment granted to employer in lawsuit involving Title VII hostile work environment and retaliation claims and intentional infliction of emotional distress claims brought by three former employees).
Holman v. Lafarge North America Inc., No. 5:04-22404-27 (D.S.C. 2005) (district court granted employer’s motion to dismiss, with prejudice, former employee’s wrongful termination and intentional infliction of emotional distress/outrage claims).
PACE Int’l Union Local No. 3-0537 v. Lafarge North America Inc., No. CV-04-B-2652-W (N.D. Ala. 2005) (district court granted employer’s motion to dismiss union’s claims for breach of contract, declaratory judgment, and specific performance in connection with employer’s processing of terminated employee’s grievance pursuant to Section 301 and statute of limitations).
Kornegay v. Lafarge North America Inc. et al., No. 04-14405-1 (11th Cir. 2005) (court of appeals affirmed district court grant of summary judgment to employer with respect to former employee’s Section 301 claim as well as state law claims for breach of contract, declaratory judgment, retaliatory discharge, and fraud).
Amy v. United HealthCare Serv., Inc., No. 1:02-CV-2853-CAM (N.D. Ga. 2004) (summary judgment granted to employer in Title VII religious discrimination lawsuit involving failure to accommodate and disparate treatment claims brought by former employee terminated as part of a reduction in force).
Pearison v. Pinkerton’s, Inc., No. 03-5491 (6th Cir. 2004) (appellate court affirmed district court’s granting of employer’s motion to dismiss Title VII and Tennessee Human Rights Act race discrimination lawsuit brought by former employee).
Gober et al. v. ALLTEL Communications, Inc., No. 1:01-CV-3381-ODE (N.D. Ga. 2003) (summary judgment granted to employer in lawsuit involving claims of race discrimination and retaliation under Title VII and Section 1981 and intentional infliction of emotional distress brought by a current employee and his former supervisor who was terminated).
AT&T Broadband and CWA, Local 3250, No. 020724-13754-3 (FMCS 2003) (arbitrator denied grievance and upheld termination of employee whose safety-related misconduct resulted in his accumulation of excessive points under the employer’s safety policy).
Brooks v. Dow Jones & Co., Inc., No. 1:01-CV-0882-CC (N.D. Ga. 2002) (summary judgment awarded to employer in ADA lawsuit brought by former employee who claimed that the company terminated his employment because it perceived him to be disabled).
McCarley v. MediaOne of Colorado, Inc., No. 1:00-CV-3415-CC (N.D. Ga. 2002) (district court adopted arbitrator’s award of judgment to employer with respect to former employee’s Title VII and Section 1981 race discrimination and breach of contract claims).
McBride v. United HealthCare of Florida, Inc., No. 3:00-CV-1005-J-25TJC (M.D. Fla. 2002) (summary judgment awarded to employer in ADEA and Title VII lawsuit brought by former employee who claimed she was terminated because of her age and sex).
Willis v. Blue Ridge Paper Prod., Inc., No. 3:00-CV-77 (DF) (M.D. Ga. 2001) (summary judgment granted to employer in lawsuit brought by former employee who claimed he was slandered, and terminated because of his race and subjected to a sexually hostile work environment in violation of Title VII).
Calhoun v. Blue Circle Cement, Inc., No. CV-99-N-2147-S (N.D. Ala. 2001) (summary judgment awarded to employer in Title VII race discrimination lawsuit brought by former employee who claimed he was unlawfully denied promotion, subjected to a racially hostile work environment, and constructively discharged).
(N.D. Ga. 2001) (a national bank’s motion to stay proceedings and to compel arbitration of former employee’s Title VII, ADA, intentional infliction of emotional distress, breach of contract, and negligent hiring, retention, supervision, and entrustment claims granted pursuant to employment agreement and Federal Arbitration Act).
Harper v. United HealthCare of Florida, Inc., No. 2D01-193 (District Court of Appeal of the State of Florida, Second District 2001) (appeals court affirmed circuit court granting of employer’s motion to compel arbitration of former employee’s Florida Whistle-blower Act claim pursuant to employer’s employment arbitration policy and Florida Arbitration Code).
Benitez v. United HealthCare Corp. et al., No. 99-1447 (S.D. Fla. 2001) (district court adopted arbitrator’s award of judgment to employer, after three day hearing, with respect to terminated employee’s age discrimination claims under the ADEA and the Florida Civil Rights Act).
Hulcher Services, Inc. v. R.J. Corman R.R. Co., L.L.C. and Daniel J. Keating, 247 Ga. App. 486, 543 S.E.2d 461 (Ga. Ct. App. 2000) (court of appeals affirmed trial court’s grant of declaratory judgment to company and its employee, declaring restrictive covenant in employment agreement between employee and his former employer to be void and unenforceable as a matter of Georgia law).
R.J. Corman R.R. Co., L.L.C. and Randy Hegwood v. Hulcher Services, Inc., No. 2000CV29361 (Superior Court of Fulton County, Ga. 2000) (superior court entered temporary restraining order enjoining company from attempting to enforce in any manner, including the filing of another lawsuit in any other forum, a restrictive covenant contained in an employment agreement between the company and one of its former employees).
Amos v. Blount County Health Care, Inc. et al., No. CV-99-N-0612-S (N.D. Ala. 2000) (summary judgment granted to employer in lawsuit brought by former employee who alleged she was retaliated against in violation of the ADEA because she filed two charges of discrimination against her employer’s predecessor).
Crosskey v. United HealthCare Corp., No. CV 97-5181 ER (Circuit Court of the 10th Judicial Circuit, Jefferson County, Ala. 2000) (circuit court adopted arbitrator’s award of summary judgment to employer with respect to terminated employee’s workers’ compensation retaliation claim under Alabama Workers’ Compensation Act).
McNally v. United HealthCare of Florida, Inc., No. 99-017070 CACE (18) (Circuit Court of the 17th Judicial Circuit, Broward County, Fla. 2000) (circuit court granted employer’s motion to stay proceedings and to compel arbitration of former employee’s sexual harassment and retaliation claims under the Florida Civil Rights Act pursuant to employer’s employment arbitration policy and Florida Arbitration Code).
Marshall v. American Hosp. Ass’n, 157 F.3d 520 (7th Cir. 1998) (award of summary judgment to employer affirmed in Title VII sex/pregnancy discrimination lawsuit brought by pregnant employee terminated during probationary period).
Auston v. Schubnell et al., 116 F.3d 251 (7th Cir. 1997) (award of summary judgment to Children’s Memorial Medical Center and six individual defendants affirmed in lawsuit involving Title VII, breach of contract, promissory estoppel and tortious inference with contract claims filed by employee who was terminated following a protracted leave of absence).

More About Fritz

Fritz has significant experience representing employers in all phases of complex employment litigation, including:

Multiplaintiff and class action lawsuits under the ADA, Title VII/Section 1981, the FCRA, RICO, and state law claims
Collective actions under the ADEA, EPA, and FLSA
Lawsuits filed by the EEOC in federal courts across the country
EEOC Commissioner’s Charges

Fritz has significant experience representing employers in all phases of complex employment litigation, including:

Multiplaintiff and class action lawsuits under the ADA, Title VII/Section 1981, the FCRA, RICO, and state law claims
Collective actions under the ADEA, EPA, and FLSA
Lawsuits filed by the EEOC in federal courts across the country
EEOC Commissioner’s Charges

Education

JD, University of Pennsylvania Law School
Comparative Labor Law Journal, associate editor
BA, Wake Forest University
Magna cum laude

Admissions

Georgia
Illinois
North Carolina

Courts

US Court of Appeals, Second Circuit
US Court of Appeals, Fourth Circuit
US Court of Appeals, Fifth Circuit
US Court of Appeals, Sixth Circuit
US Court of Appeals, Seventh Circuit
US Court of Appeals, Ninth Circuit
US Court of Appeals, Eleventh Circuit
US District Court, Middle District of Florida
US District Court, Northern District of Florida
US District Court, Middle District of Georgia
US District Court, Northern District of Georgia
US District Court, Southern District of Georgia
US District Court, Central District of Illinois
US District Court, Northern District of Illinois
US District Court, Southern District of Illinois
US District Court, Eastern District of Michigan
US District Court, Western District of Michigan
US District Court, Western District of New York
US District Court, Eastern District of North Carolina
US District Court, Middle District of North Carolina
US District Court, Western District of North Carolina
US District Court, Western District of Tennessee
US District Court, Eastern District of Wisconsin
Supreme Court of Georgia
Georgia Court of Appeals
Georgia Superior Courts
Illinois Supreme Court
Illinois Appellate Court
North Carolina Supreme Court
North Carolina Court of Appeals
North Carolina Superior Court

EXPERIENCE

Frazier v. First Advantage Background Services Corp., Case No. 3:17-cv-00030-MHL (E.D. Va. 2019) (district court dismissed, with prejudice, multiple class action claims brought by 18 named plaintiffs against consumer reporting agency for lack of standing and inadequate pleading).
Erickson v. First Advantage Background Services Corp., No. 1:16-cv-01894-ODE (N.D. Ga. 2019) (trial court granted directed verdict in favor of consumer reporting agency in a lawsuit brought by consumer under the FCRA).
(D.S.C. 2019) (district court granted summary judgment to national banking association in defamation lawsuit brought by former employee, holding that bank’s statement to FINRA regarding the reason for employee’s termination in Form U5 was protected by a qualified privilege under South Carolina law).
Rozelle v. Munich American Reassurance Co., No. 1:16-cv-03828-LMM (N.D. Ga. 2018) (district court granted summary judgment to company in lawsuit brought by former employee who claimed the company failed to rehire him for two positions in retaliation and because of his race, sex, and age in violation of Title VII and the ADEA).
Business Health Sols. v. First Advantage Corp. et al., No. 2:18-cv-10931-PDB-DRG (N.D. Ill. 2018) (plaintiff voluntarily dismissed class action brought under Telephone Consumer Protection Act).
(N.D. Ala. 2018) (district court granted motion for summary judgment to national bank in lawsuit filed by former employee for race and sex discrimination and retaliation under Title VII).
Abram v. Aldi Inc. et al., No. 8:16-cv-00072-EAK-TGW (M.D. Fla. 2017) (district court granted summary judgment to company and one of its presidents in lawsuit brought by applicant who claimed she was denied employment because of her race in violation of 42 U.S.C. § 1981 and the Florida Civil Rights Act).
Hurtado v. Aldi Inc., Case No. 2017-CA-008760 (Hillsborough Cty., Fla. Cir. Ct. 2017) (plaintiff voluntarily dismissed Fair Credit Reporting Act class action against employer).
Pasternack v. LexisNexis Occupational Health Solutions Inc. et al., No. 14-4101 (2d Cir. 2016) (court of appeals affirmed district court order granting drug testing program administrator’s motion to dismiss employee’s negligence and fraud claims).
Whitten v. MetLife Securities Inc., No. 16-00122 (FINRA 2016) (arbitrator denied claimant’s request for expungement of termination information in Form U5 and for compensatory damages).
Muir v. First Advantage Background Servs. Corp., No. 2:16-cv-00521 (D.N.J. 2016) (district court granted consumer reporting agency’s motion to dismiss employee’s FCRA class action complaint).
McGuire v. 3M Co., No. 6:14-cv-02015-LCS (N.D. Ala. 2016) (district court granted employer’s motion for summary judgment in lawsuit brought by former employee for race discrimination under Title VII and 42 U.S.C. § 1981).
Rocheleau v. First Advantage LNS Screening Solutions, Inc., No. 15-1588 (6th Cir. 2016) (appellate court affirmed district court grant of summary judgment to consumer reporting agency, holding FCRA’s two-year statute of limitations barred lawsuit).
Millman v. First Advantage Background Servs. Corp., No. 2:15-cv-00134-DRH-GRB (E.D.N.Y. 2015) (district court granted drug testing service agent’s motion to dismiss donor’s disability discrimination claims under ADA and New York State Human Rights Law).
Kugler v. LexisNexis Occupational Health Solutions Inc., No. 1:12-cv-00840-WCG (E.D. Wis. 2015) (jury verdict in favor of drug testing service agent in connection with donor’s negligence claim under Wisconsin law).
Holland v. Compass Group USA, Inc., 2015 WL 4208623 (W.D.N.C. 2015) (district court granted employer’s motion to dismiss lawsuit brought by former employee for race discrimination and retaliation under Title VII and wrongful termination under North Carolina law).
(11th Cir. 2015) (appellate court affirmed district court grant of summary judgment to national bank in lawsuit by former employee for national origin and sex discrimination and retaliation under Title VII, discriminatory pay under EPA, and disability discrimination under ADA).
Johnson v. JPMorgan Chase Bank, N.A., No. 1:12-cv-03823-TWT (N.D. Ga. 2015) (district court granted employer’s motion for summary judgment in lawsuit brought by former employee for race discrimination and retaliation under Title VII and 42 U.S.C. § 1981).
Stovall v. Compass Group USA, Inc., 2014 WL 2803522 (S.D. Ala. 2014) (district court granted employer’s motion for summary judgment in lawsuit brought by former employee for race and religious discrimination and retaliation under Title VII).
Mynatt v. Morrison Mgmt. Specialists, Inc. et al., No. 3:12-cv-00303-RLJ-HBG (E.D. Tenn. 2014) (district court granted employer’s motion for summary judgment in lawsuit brought by former employee for disability discrimination and retaliation under ADA and gender and race discrimination, hostile work environment, and retaliation under Title VII).
Austin v. Compass Group USA, Inc., No. 2:12-cv-02564-RDP (N.D. Ala. 2014) (district court granted employer’s motion for summary judgment in lawsuit brought by former employee for race discrimination and retaliation under Title VII).
Jackson v. LexisNexis Risk Solutions FL Inc., No. 3:11-cv-00778-WHB-RHW (S.D. Miss. 2013) (district court granted employer’s motion for summary judgment in lawsuit brought by former employee for gender discrimination and retaliation under Title VII, age discrimination under ADEA, and infliction of emotional distress under Mississippi law).
Toussaint v. JPMorgan Chase & Co., No. 32 524 00285 12 (AAA 2013) (arbitrator granted summary judgment to employer on claimant’s national origin and race discrimination claims under Title VII and Florida Civil Rights Act).
(N.D. Ga. 2013) (district court granted a national bank’s emergency motion for TRO and preliminary injunctive relief in connection with former sales executive’s breach of non-solicitation agreement).
Securitas Security Services USA, Inc. v. Whitt, No. 5:12-cv-00690-AKK (N.D. Ala. 2012) (district court granted employer’s emergency motion for TRO and preliminary injunctive relief in connection with former employee’s breach of non-disclosure/non-competition/non-solicitation agreement).
Holland v. Levy Premium Foodservice Ltd. P’ship and Compass Group USA, Inc., No. 11-14518-BB (11th Cir. 2012) (appellate court affirmed district court’s dismissal with prejudice of class action complaint brought by luxury suite attendants at the Georgia Dome, Philips Arena, and the Atlanta Motor Speedway to recover service charge on suite food and beverage purchases through common law claims of breach of contract, breach of third-party beneficiary contract, unjust enrichment/quantum meruit, and conversion).
Lefevers v. GAF Corp., No. 00-5667 (6th Cir. 2012) (court of appeals affirmed award of summary judgment to employer in ADEA and Tennessee Human Rights Act lawsuit brought by former employee terminated as part of a reduction-in-force).
Alms v. LexisNexis Occupational Health Solutions Inc. et al., U.S. Dist. LEXIS 27081 (S.D. Ala. 2012) (district court granted summary judgment to drug testing program administrator in connection with employee’s negligence, wantonness, and defamation claims).
(N.D. Ala. 2011) (district court granted a national bank’s motion for summary judgment in lawsuit brought by former employee for sex and pregnancy discrimination under Title VII and race discrimination under 42 U.S.C. § 1981).
Gordon v. LexisNexis Screening Solutions Inc. et al., No. 3:10-cv-00579-CWR-LRA (S.D. Miss. 2011) (district court dismissed plaintiff’s Fair Credit Reporting Act, 42 U.S.C. § 1983, and negligence claims against consumer reporting agency).
Smith v. AlliedBarton Sec. Serv. LLC et al., 2011 U.S. Dist. LEXIS 107552 (W.D.N.C. 2011) (district court granted consumer reporting agency’s motion to dismiss plaintiff’s Fair Credit Reporting Act, invasion of privacy, and unfair and deceptive trade practices claims and its motion to dismiss co-defendant’s claims for indemnification and contribution).
Morgan v. Kilgore Flares Co., No. 1:09-cv-01056-JDB-egb (W.D. Tenn. 2010) (district court granted employer’s motion for summary judgment in lawsuit brought by former employee for race discrimination under Title VII and Tennessee Human Rights Act).
Maddox v. Chase Home Finance, LLC, No. 1:09-cv-02943-JOF (N.D. Ga. 2010) (district court granted company’s motion to dismiss pro se plaintiff’s discrimination lawsuit because of failure to timely serve defendant).
Boatner v. ChoicePoint Workplace Solutions Inc. et al., 2010 U.S. Dist. LEXIS 44264 (D. Or. 2010) (district court granted consumer reporting agency’s motion to dismiss cross claims for contribution and indemnification).
Woo et al. v. Nike, Inc., 2010 U.S. Dist. LEXIS 38465 (N.D. Ga. 2010) (district court granted employer’s motion to transfer case in restrictive covenant litigation involving former employee and her potential new employer).
Chambers et al. v. North Highland Properties, Inc. et al., Nos. 1:09-cv-00291-WSD and 1:09-cv-00502-WSD (N.D. Ga. 2009) (district court granted commercial property owner’s motions for summary judgment in ADA Title III lawsuits).
Lerman et al. v. The City of Fort Lauderdale, 346 F. App’x 500 (11th Cir. 2009) (court of appeals affirmed grant of summary judgment to city in lawsuit brought by group of police officers who alleged that the city discriminated against them because of their age in violation of the ADEA and the Florida Civil Rights Act by implementing an early retirement incentive plan), cert. denied, 130 S. Ct. 1543 (2010).
(S.D. Ga. 2009) (court granted a national bank’s motion to dismiss plaintiff’s Title VII and common law tort claims).
Culverson v. GSC Atlanta, Inc., No. 1:07-cv-00655-JEC (N.D. Ga. 2009) (district court granted employer’s motion for summary judgment in lawsuit brought by former employee for race discrimination and racial and sexual harassment under Title VII).
Conner v. Lafarge North America Inc., 343 F. App’x 537 (11th Cir. 2009) (grant of summary judgment affirmed in lawsuit filed by current employee who brought claims of race discrimination under Title VII and Section 1981 over denial of promotion).
Brown v. United HealthCare of Florida, Inc., 984 So. 2d 583 (District Court of Appeal of the State of Florida, Fourth District 2008) (appeals court reversed circuit court order denying employer’s motion to stay proceedings and to compel arbitration of former employee’s lawsuit involving gender discrimination and retaliation claims under Florida Civil Rights Act and six other claims).
Chemence, Inc. et al. v. Godfrey & Wing, Inc., No. 08-CV-147142 (Superior Court of Fulton County, Ga. 2008) (superior court dismissed complaint for declaratory judgment filed by former employee and his new employer, in which they sought to have restrictive covenants in employment agreement between the employee and his former employer declared void and unenforceable, for lack of personal jurisdiction).
Lafarge North America Inc. and United Steelworkers, Local 9-0537, No. 07-56272-3 (FMCS 2008) (arbitrator denied grievance and upheld discharge of employee who used racial slurs in workplace).
Robinson v. Lafarge North America Inc., No. 06-15000-F (11th Cir. 2007) (district court order awarding summary judgment to employer in current employee’s lawsuit involving racial harassment, discrimination, and retaliation claims under Title VII and Section 1981 affirmed by court of appeals).
Terry v. EarthLink, Inc., No. 1:05-CV-1059-JTC-LTW (N.D. Ga. 2007) (district court granted employer’s motion for summary judgment involving former employee’s claims of race discrimination and retaliation under Title VII and Section 1981).
(E.D. La. 2006) (summary judgment granted to a national bank in a lawsuit brought by former employee for age discrimination and retaliation under the ADEA and Louisiana’s age discrimination act).
Price v. Lafarge North America Inc., No. 06-14112-F (11th Cir. 2006) (court of appeals affirmed district court grant of summary judgment to employer with respect to former employee’s claims of gender harassment and discrimination under Title VII, racial harassment and discrimination under Title VII and Section 1981, retaliation under Title VII and Section 1981, FMLA interference, and state law claims for invasion of privacy and negligent supervision, training and retention).
Becerra v. EarthLink, Inc., 2006 U.S. Dist. LEXIS 2383 (D. Kan. 2006) (summary judgment granted to employer in former employee’s lawsuit involving failure to accommodate, retaliation, and constructive discharge claims under the ADA).
Patel et al. v. United Behavioral Health et al., No. 32 160 M 00216 04 (AAA 2005) (arbitrator granted summary judgment to employer on claimants’ wrongful termination claims under Florida Whistle-blower Act).
Pearsall v. United HealthCare Serv., Inc., No. 4:03-CV-00722-JLH (E.D. Ark. 2005) (summary judgment granted to employer in lawsuit involving Title VII hostile work environment, disparate pay, and retaliation claims brought by former employee).
Smith v. Burns Int’l Serv. Corp., 2005 U.S. Dist. LEXIS 13128 (M.D. Ga. 2005) (summary judgment granted to employer with respect to former employee’s claims of sex discrimination and retaliation under Title VII and state law claims of emotional distress and negligent retention).
Triguero v. ABN AMRO Bank N.V. et al., 273 Ga. App. 92, 614 S.E.2d 209 (Ga. Ct. App. 2005) (court of appeals affirmed superior court grant of summary judgment to employer, subsidiary, and executive in defamation lawsuit brought by former employee, a nonresident alien, in connection with an employment reference provided by executive in The Netherlands).
Wells et al. v. EarthLink, Inc., No. CV-02-1372-PHX-RGS (D. Ariz. 2005) (summary judgment granted to employer in lawsuit involving Title VII hostile work environment and retaliation claims and intentional infliction of emotional distress claims brought by three former employees).
Holman v. Lafarge North America Inc., No. 5:04-22404-27 (D.S.C. 2005) (district court granted employer’s motion to dismiss, with prejudice, former employee’s wrongful termination and intentional infliction of emotional distress/outrage claims).
PACE Int’l Union Local No. 3-0537 v. Lafarge North America Inc., No. CV-04-B-2652-W (N.D. Ala. 2005) (district court granted employer’s motion to dismiss union’s claims for breach of contract, declaratory judgment, and specific performance in connection with employer’s processing of terminated employee’s grievance pursuant to Section 301 and statute of limitations).
Kornegay v. Lafarge North America Inc. et al., No. 04-14405-1 (11th Cir. 2005) (court of appeals affirmed district court grant of summary judgment to employer with respect to former employee’s Section 301 claim as well as state law claims for breach of contract, declaratory judgment, retaliatory discharge, and fraud).
Amy v. United HealthCare Serv., Inc., No. 1:02-CV-2853-CAM (N.D. Ga. 2004) (summary judgment granted to employer in Title VII religious discrimination lawsuit involving failure to accommodate and disparate treatment claims brought by former employee terminated as part of a reduction in force).
Pearison v. Pinkerton’s, Inc., No. 03-5491 (6th Cir. 2004) (appellate court affirmed district court’s granting of employer’s motion to dismiss Title VII and Tennessee Human Rights Act race discrimination lawsuit brought by former employee).
Gober et al. v. ALLTEL Communications, Inc., No. 1:01-CV-3381-ODE (N.D. Ga. 2003) (summary judgment granted to employer in lawsuit involving claims of race discrimination and retaliation under Title VII and Section 1981 and intentional infliction of emotional distress brought by a current employee and his former supervisor who was terminated).
AT&T Broadband and CWA, Local 3250, No. 020724-13754-3 (FMCS 2003) (arbitrator denied grievance and upheld termination of employee whose safety-related misconduct resulted in his accumulation of excessive points under the employer’s safety policy).
Brooks v. Dow Jones & Co., Inc., No. 1:01-CV-0882-CC (N.D. Ga. 2002) (summary judgment awarded to employer in ADA lawsuit brought by former employee who claimed that the company terminated his employment because it perceived him to be disabled).
McCarley v. MediaOne of Colorado, Inc., No. 1:00-CV-3415-CC (N.D. Ga. 2002) (district court adopted arbitrator’s award of judgment to employer with respect to former employee’s Title VII and Section 1981 race discrimination and breach of contract claims).
McBride v. United HealthCare of Florida, Inc., No. 3:00-CV-1005-J-25TJC (M.D. Fla. 2002) (summary judgment awarded to employer in ADEA and Title VII lawsuit brought by former employee who claimed she was terminated because of her age and sex).
Willis v. Blue Ridge Paper Prod., Inc., No. 3:00-CV-77 (DF) (M.D. Ga. 2001) (summary judgment granted to employer in lawsuit brought by former employee who claimed he was slandered, and terminated because of his race and subjected to a sexually hostile work environment in violation of Title VII).
Calhoun v. Blue Circle Cement, Inc., No. CV-99-N-2147-S (N.D. Ala. 2001) (summary judgment awarded to employer in Title VII race discrimination lawsuit brought by former employee who claimed he was unlawfully denied promotion, subjected to a racially hostile work environment, and constructively discharged).
(N.D. Ga. 2001) (a national bank’s motion to stay proceedings and to compel arbitration of former employee’s Title VII, ADA, intentional infliction of emotional distress, breach of contract, and negligent hiring, retention, supervision, and entrustment claims granted pursuant to employment agreement and Federal Arbitration Act).
Harper v. United HealthCare of Florida, Inc., No. 2D01-193 (District Court of Appeal of the State of Florida, Second District 2001) (appeals court affirmed circuit court granting of employer’s motion to compel arbitration of former employee’s Florida Whistle-blower Act claim pursuant to employer’s employment arbitration policy and Florida Arbitration Code).
Benitez v. United HealthCare Corp. et al., No. 99-1447 (S.D. Fla. 2001) (district court adopted arbitrator’s award of judgment to employer, after three day hearing, with respect to terminated employee’s age discrimination claims under the ADEA and the Florida Civil Rights Act).
Hulcher Services, Inc. v. R.J. Corman R.R. Co., L.L.C. and Daniel J. Keating, 247 Ga. App. 486, 543 S.E.2d 461 (Ga. Ct. App. 2000) (court of appeals affirmed trial court’s grant of declaratory judgment to company and its employee, declaring restrictive covenant in employment agreement between employee and his former employer to be void and unenforceable as a matter of Georgia law).
R.J. Corman R.R. Co., L.L.C. and Randy Hegwood v. Hulcher Services, Inc., No. 2000CV29361 (Superior Court of Fulton County, Ga. 2000) (superior court entered temporary restraining order enjoining company from attempting to enforce in any manner, including the filing of another lawsuit in any other forum, a restrictive covenant contained in an employment agreement between the company and one of its former employees).
Amos v. Blount County Health Care, Inc. et al., No. CV-99-N-0612-S (N.D. Ala. 2000) (summary judgment granted to employer in lawsuit brought by former employee who alleged she was retaliated against in violation of the ADEA because she filed two charges of discrimination against her employer’s predecessor).
Crosskey v. United HealthCare Corp., No. CV 97-5181 ER (Circuit Court of the 10th Judicial Circuit, Jefferson County, Ala. 2000) (circuit court adopted arbitrator’s award of summary judgment to employer with respect to terminated employee’s workers’ compensation retaliation claim under Alabama Workers’ Compensation Act).
McNally v. United HealthCare of Florida, Inc., No. 99-017070 CACE (18) (Circuit Court of the 17th Judicial Circuit, Broward County, Fla. 2000) (circuit court granted employer’s motion to stay proceedings and to compel arbitration of former employee’s sexual harassment and retaliation claims under the Florida Civil Rights Act pursuant to employer’s employment arbitration policy and Florida Arbitration Code).
Marshall v. American Hosp. Ass’n, 157 F.3d 520 (7th Cir. 1998) (award of summary judgment to employer affirmed in Title VII sex/pregnancy discrimination lawsuit brought by pregnant employee terminated during probationary period).
Auston v. Schubnell et al., 116 F.3d 251 (7th Cir. 1997) (award of summary judgment to Children’s Memorial Medical Center and six individual defendants affirmed in lawsuit involving Title VII, breach of contract, promissory estoppel and tortious inference with contract claims filed by employee who was terminated following a protracted leave of absence).

Frederick T.Smith

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