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Bradley Arant Boult Cummings, LLP

T. Matthew Miller

T. Matthew Miller

Partner

Bradley Arant Boult Cummings, LLP
Alabama, U.S.A.

tel: 205.521.8243
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Profile
Matt Miller has over 20 years of experience representing and advising management in all areas of labor and employment law, including anti-discrimination laws, wage and hour law, ERISA, OSHA, and covenants not to compete. He regularly advises clients on preventive measures, including creation and revision of policies and procedures, and represents clients in court cases in federal, state and administrative forums. Matt has tried jury, non-jury and arbitration cases to decision and has litigated cases ranging from a single plaintiff to those involving thousands of plaintiffs. His clients include well-known publicly traded companies, family-owned businesses, and emerging businesses and start ups.

Bar Admissions

  • Alabama, 1994

Court Admissions
  • United States Court of Appeals, 11th Circuit
  • United States District Court, Northern District of Alabama
  • United States District Court, Middle District of Alabama
  • United States District Court, Southern District of Alabama

Education

  • University of Virginia School of Law, J.D., 1994, Justice William Minor Lyle Moot Court Board
  • James Madison University, B.S., 1991, summa cum laude; Mortar Board; Omicron Delta Kappa; Sigma Chi Fraternity
Areas of Practice
Professional Career

Significant Accomplishments

Matt represents clients in employment-related matters. He has successfully defended companies in litigation matters in both state and federal court, including cases involving alleged race, disability (discrimination and access), gender and age discrimination and harassment, ERISA benefits claims, as well as wage and hour claims under the Fair Labor Standards Act, non-competition and state law claims including breach of contract, retaliatory discharge and other state law torts. Matt has also represented companies in numerous administrative matters involving OSHA, the DOL, the NLRB and the EEOC.

In addition to his litigation practice, Matt regularly assists companies regarding the creation of policies and procedures designed to avoid litigation and advises clients on human resource-related issues.

ERISA
Blair v. Metropolitan Life Insurance Company, 955 F.Supp.2d 1229 (N.D. Ala.)
Successfully defended two ERISA benefits claims, obtaining judgment for claims administrator and dismissal of subsequent claim.

Witt v. Metropolitan Life Insurance Company, et al., 12-CV-2157 – (N.D. Ala.)
Successfully defended ERISA benefits claim, obtaining judgment for defendants.

Sorrells v. Sun Life, U.S. District Court, (S.D. Ala.)
Successfully defended company in ERISA benefits claim, creating positive precedent in Alabama on issue.
 
NON-COMPETITION/RESTRICTIVE COVENANTS
EBSCO Industries, Inc. v. Jerry H. White, et al., CV-03-HS-2404-S (N.D. Ala.)
We represented EBSCO Industries, Inc. in enforcing non-compete agreements signed by two of its former employees in Oklahoma and to enforce its trade secretrights from misappropriation by the former employees and a third individual who had not previously worked for EBSCO. The Court granted our motions for TROand later for preliminary injunctions against the former employees. Ultimately, permanent injunctions by consent were entered that ordered the defendantsto comply with the terms of the non-compete and confidentiality provisions of their agreements and that otherwise protected EBSCO’s trade secrets.

Ormco v. Johns, Jefferson County, Alabama Circuit Court, Alabama Supreme Court
Created positive precedent for companies in Alabama Supreme Court relating to non-competition enforcement.
 
FLSA
Hornsby v. Two Men & A Truck, U.S. District Court, (N.D. Ala.)
Successfully defended company in wage and hour putative collective action.

Tyler v. Payless Shoe Source, Inc., No. 2:05-CV-33F (WO), 2005 WL 3133763 (M.D. Ala.)
Successfully defended company in wage and hour putative collective action. Obtained successful resolution in similar claim filed in Mississippi.

Defended storage company against wage and hour claims
Successfully defended a national storage company in wage and hour claims of alleged off-the-clock work, obtaining decision in favor of client. Fullyarbitrated.
 
SEXUAL DISCRIMINATION/EQUAL PAY
Marquis v. City of Hamilton, U.S. District Court, (N.D. Ala.)
Successfully defended company in case involving claims of sex discrimination, Equal Pay Act and retaliation.
 
FMLA
Obtained summary judgment for client is case involving FMLA interference and retaliation claims; decision upheld on appeal to Eleventh Circuit.
 
RACE DISCRIMINATION
Phillips v. Hibbett Sporting Goods, Inc., U.S. District Court, (M.D. Ala.)
Successfully defended company against race discrimination claim.
 
WORKERS’ COMPENSATION
Pittsburg & Midway Coal Mining Co. v. Rubley , Tuscaloosa, Alabama Circuit Court, Alabama Court of Civil Appeals
Successfully defended company in claim of worker's compensation fatality.
 
ADA DISCRIMINATION
Successfully defendant client in claim of race discrimination, retaliation and disability discrimination, obtaining summary judgment for client.
 
ADA ACCESS
Successfully defended large condominium association in case brought by two plaintiffs alleging violations of ADA access laws, obtaining dismissal of theircomplaint.

Blogs

Declassified
Bradley Arant Boult Cummings, LLP 

The Declassified blog offers commentary and insights on the latest class action suits, significant class action opinions, relevant changes to laws and rules, and important class action trends. Declassified covers topics ranging from significant Supreme Court and appellate court decisions regarding...

Family Business Advocates
Bradley Arant Boult Cummings, LLP 

Bradley’s Family Business Advocates Blog is a resource for family business owners and advisors. All business owners must plan ahead, think strategically and manage risk in order for their businesses to thrive. Family business owners must also manage family dynamics in the business, build...

Labor & Employment Insights
Bradley Arant Boult Cummings, LLP 

Our Labor and Employment team has extensive experience helping our clients resolve disputes both in and out of the courtroom. We are proud to work with a large and diverse group of local, regional, and national clients in a variety of industries, including healthcare, manufacturing, mining, media,...

Patent 213
Bradley Arant Boult Cummings, LLP 

Patent law, like most things in life, is subject to change. Changes to patent laws not only impact investment in your existing IP, but directly shape strategies to protect your freedom to operate. The Patent 213 blog provides up-to-date, insightful analysis of the evolution in the written...

Tennessee Appellate Review
Bradley Arant Boult Cummings, LLP 

A successful appeal depends on counsel’s substantive understanding of appellate rules, procedures, and strategies. The Tennessee Appellate Review blog is a resource for commentary and insights on the latest state and federal appellate news. Join the conversation as we analyze decisions from the...

The Law of Order
Bradley Arant Boult Cummings, LLP 

Bradley’s The Law of Order blog serves as a general parliamentary procedure resource, providing information about creation and revision of governing documents (constitutions, bylaws, or rules), application of Robert’s Rules of Order and other procedural authorities in a variety of contexts (such as...

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