Category: News

The Gilbert Firm is proud to announce that Jonathan Bobbitt has been selected for inclusion in the 23^rd edition of Best Lawyers in America! This marks Jonathan’s second consecutive year making the list, for his work in the area of Litigation – Labor and Employment.

This year, Best Lawyers^® reviewed nomination forms for more than 7.3 million attorneys throughout the country, who practice in 140 different areas of the law. Fewer than 1% of all nominated attorneys were selected for inclusion this year.

The process of being named to Best Lawyers

Any private practice attorney who was nominated the previous year is automatically considered for review the following year – but there is no guarantee that he or she will make the list. In order to be considered by Best Lawyers for inclusion, the attorney must continue to prove that he or she is doing exceptional work. There are five steps in the process:

1. Attorneys are nominated by their peers, clients or members of the judiciary.
2. Applications are reviewed by existing Best Lawyers
3. Results of those evaluations are calculated.
4. Final approved applicants are confirmed to be in good standing with their bar association(s).
5. Nominees are notified of their selection.

While there are different parts to the nomination process, Best Lawyers asks all of their voting attorneys to carefully consider one specific question: “If you were unable to take a case yourself, how likely would you be to refer it to this lawyer?” The goal is to seek out attorneys who are well-respected by their peers for the work that they do. This makes Best Lawyers unique, in that nominees often have their names put forth by the very same colleagues they face across the aisle.

Why we know Jonathan Bobbitt deserved to be included

We are thrilled that Jonathan was selected for inclusion again this year. He’s a hard-working lawyer whose clients appreciate his drive, his passion and his practical advice for moving forward. His experiences as an endurance runner have taught him the importance of focusing on the problems at hand, and finding solutions for those problems. Add that to his warm demeanor and genuine interest in his clients’ wellbeing, and you can see why this “local lawyer” deserves national recognition for doing what he does: fighting on behalf of those who cannot fight for themselves.

Congratulations, Jonathan, on your continued selection for Best Lawyers in America – you deserve it!

Gilbert McWherter Scott Bobbitt PLC is proud to announce that Clint Scott, Managing Partner, has been named in the 23^rd edition of Best Lawyers in America for his work in the area of Insurance Law. This is the second year Clint has been included for selection to Best Lawyers, a publication that can reach more than 17 million people.

The 2017 edition reviewed and evaluated nominations for more than 7.3 million attorneys before making its final decisions. In total, 54,905 attorneys were selected for inclusion. They practice in all 50 states and Washington, D.C., in 140 different practice areas. Clint is one of 18 Tennessee attorneys recognized for his contribution to the practice of insurance law (our own Brandon McWherter has also made the list in this area), and one of only a few who focus exclusively in this area.

Understanding the nomination process

Because so many attorneys are nominated each year, Best Lawyers undergoes a thorough vetting process before its selection. An attorney cannot nominate him or herself, and must be found in good standing with any and all bar associations. Once an attorney is nominated, however, his or her work is then reviewed and evaluated by other Best Lawyers recipients. Only those with the highest scores are passed through to the final vetting stages.

Why this honor matters

Best Lawyers enjoys the unique distinction of being “the oldest and most highly-respected peer review guide to the legal profession worldwide.” Nominees go through a through peer-review process, where evaluators are all asked the same question: “If you were unable to take a case yourself, how likely would you be to refer it to this lawyer?” Therefore, this list focuses on skill, experience and abilities – all of which are reviewed by attorneys who may sit across the aisle from nominees at any point during their careers.

Any attorney who is named to the Best Lawyers list will be automatically nominated for the following year – but that is no guarantee that he or she will be selected again. Every nominee is thoroughly vetted each year, ensuring that the list reflects an accurate representation for upcoming editions.

We are very proud of Clint Scott for his inclusion in the 23 edition of Best Lawyers of America. We believe that his inclusion proves what we have always known: that he is an exemplary attorney who does exemplary work on behalf of policyholders throughout Tennessee.

Congratulations, Clint – you deserve it!

Last week, attorneys Justin Gilbert and Jessica Salonus received a ruling from a United States District Judge for the Middle District of Tennessee that their clients’ claims of retaliation against a principal and the Cheatham County Board of Education under Section 504, the ADA, and the First Amendment are going to trial in September 2016. In denying the defendants’ motion for summary judgment, the Judge found questions of fact exist to be decided by a jury as to the reasonableness of the principle and school’s actions taken against the family.

C.G. v. Cheatham Cnty. Bd. of Educ., 2016 U.S. Dist. LEXIS 46604 (M.D. Tenn. Apr. 6, 2016)

At the Gilbert Firm, we work hard to ensure that our clients are carefully and comprehensively represented when they have been wronged. That is why we are proud to announce the latest jury verdict of our own Michael Russell, whose efforts helped one Crockett County employee obtain more than 1,000 hours of back pay for overtime he worked, but was not compensated for, by his employer.

Mr. Jay Nance was former deputy director of the Crockett County Emergency Management Agency. In more than a decade working for Crockett County, Mr. Nance served as both a paramedic and as its EMA deputy director. He left the job in 2014 to pursue another opportunity. While he was with EMA, Mr. Nance worked more than 1000 hours of overtime – overtime he was not compensated for. Michael Russell represented Mr. Nance during this trial, claiming that the County’s failure to pay his overtime wages was a direct violation of the Fair Labor Standards Act (FLSA).

The jury sided with Mr. Nance, finding that Crockett County had “willfully” broken the law. This was not an “innocent” mistake in the eyes of the jury, who, after a three-day federal trial in Jackson, Tennessee, awarded Mr. Nance 1,263 hours’ worth of unpaid wages from his time at EMA.

Why Mr. Nance was entitled to overtime pay

The Fair Labor Standards Act requires employers to pay 1.5 an employee’s regular rate of pay for any hours worked over 40 in a workweek. Mr. Nance claimed that the county had put him on a fixed “salary” and would not pay him any more hours than his salaried amount.

We are thrilled that the jury found in favor of Mr. Nance, who dedicated many years of his life working for Crockett County. Michael Russell’s latest win is another testament to his work on behalf of employees throughout Tennessee, who have been denied what is rightfully theirs under the law.

Congratulations, Michael!

The Gilbert Firm would like to congratulate Jonathan Bobbitt on his selection to The National Advocates: Top 100 for his exemplary work in the practice of Employment Law. He is one of only three Tennessee attorneys in this field to be recognized. Congratulations, Jonathan!

You can read more about The National Advocates: Top 100 here.

Gilbert McWherter Scott Bobbitt PLC is proud to announce the induction of Michael L. Russell as a Fellow by the Board of Trustees to the Tennessee Bar Foundation. The membership of this elite philanthropic organization comprises less than 4% of all licensed attorneys in the state of Tennessee, and is a true testament to the quality of work by our own Michael Russell.

The Fellows of the Tennessee Bar Foundation

The Tennessee Bar Foundation began in 1982, with a two-fold mission: first, to honor those attorneys who have distinguished themselves within the profession; and second, “to raise funds to be distributed, in the form of grants, to organizations in Tennessee that provide direct legal services to the indigent, to organizations that seek to improve the administration of justice and to students, in the form of scholarships, at the state-supported law schools.” This second mission is accomplished through the Interest On Lawyers’ Trust Accounts, or IOLTA, a program designed by the Tennessee Supreme Court and administered by the TBF.

To become a Fellow, an attorney must have:

• “Demonstrated an uncompromised dedication to integrity and high personal and professional ethical standards;
• Made outstanding and recognized contributions to the legal profession and to the public good;
• Demonstrated a strong commitment to the published objectives and purposes of the Tennessee Bar Foundation.”

Only lawyers, law teachers and judges licensed to practice in the state of Tennessee for 15 years are eligible for the honor. Each year’s class of Fellows is allocated to one of three Grand Divisions: East, Middle and West.

The Gilbert Firm is extraordinarily proud of Michael’s selection as a Fellow, though not surprised: as the Chair of the Labor and Employment Law Section of the Tennessee Bar Association, Michael dedicates himself to the improvement and elevation of the practice of law every day – dedication that is reflected in the lives of the workers he strives to protect.

Congratulations of your new role as Fellow of the Tennessee Bar Foundation, Michael! You certainly deserve it.

When you are facing a legal battle, or have had your rights violated, you will have questions. At the Gilbert Firm, we are here to answer them. That is why we invite you to visit and explore our newly renovated website and blog. Here, you will find information about who we are and what we do, and how we may be able to serve you. We want you to consider this site a resource for finding:

• Up-to-date information about new laws and statutes affecting employees, policyholders and students
• In-depth explanations about the employment, insurance and education issues affecting the community
• New cases, successful verdicts and successful settlements we have helped to bring about for our clients
• Thorough biographies of the people you will work with at our firm, including past work histories, publications and lectures, awards and honors, and participation in the legal community
• Blog posts about the subjects which affect daily living for all of us in the region

At the Gilbert Firm, we believe that knowledge is power. Our national reputation, our local affiliations and our vast network of resources have allowed us to become one of the premier law firms in the South in the areas of:

• Employee Rights
• Insurance Disputes
• Wage and Hour Violations
• Special Education Law

Whether you are in need of an attorney to help you obtain what is rightfully yours, or are looking to join our referral network and expand your own firm’s growth, the Gilbert Firm is prepared to help you achieve your goals.

We invite you to visit our blog often and engage in the conversation with us. You may contact us through this form, or by calling 888.996.9731. We maintain offices throughout Tennessee, in Nashville, Chattanooga, Memphis, and Jackson, to better serve clients throughout the region.

Attorney Justin Gilbert is representing the family of a child at Ashland City Elementary School in a lawsuit which names the principal and the Cheatham County Board of Education. The suit claims that the school failed to protect the child’s safety and “took retributions against them.”

You can read the full story and view the video in The Tennessean here.

The Gilbert Firm is representing the families of students with disabilities who filed suit against Knox County Schools, claiming their children have been more segregated than other students. The school district filed to have the suit dismissed, but U.S. District Judge Aleta Trauger denied the request.

You can read the fully story in the Knoxville News Sentinel here

Attorney Justin Gilbert advocates on behalf of child with Down Syndrome to ensure he receives the tools he needs, and to protect his rights under the law, to a fair education. The lawsuit is against Hamilton County Schools, and is being heard in Federal Court. The case is expected to finish in early February.

You can read the story in its entirety in The Chattanoogan here or on the News Channel 9 website here.