NOTEWORTHY CASES | john w gresham

2014 |
General Synod of the United Church of Christ v. Reisinger

In a landmark civil rights ruling, U.S. District Judge Max G. Cogburn, Jr. ruled in favor of Tin Fulton Walker & Owen and co-counsel at Arnold & Porter and struck down Amendment One, the ban against same-sex marriage in North Carolina. Judge Cogburn ruled that North Carolina’s ban on marriage equality violated the Due Process and Equal Protection Clauses of the U.S. Constitution. Judge Cogburn’s order was entered at 5:30 p.m. on October 10, 2014. In Raleigh, the Wake County Register of Deeds issued her first same-sex marriage license at 5:44 p.m. and a ceremony quickly followed.

Click here to read Judge Cogburn’s order.

See below for media coverage of this historic ruling:

The Charlotte Observer, Oct. 10, 2014
Federal Judge Overturns North Carolina Same-Sex Marriage Ban

The News & Observer, Oct. 10, 2014
Gay Marriage Now Legal in North Carolina

The Charlotte Observer, Oct. 11, 2014
Charlotte Attorney For Same-Sex Couples Celebrates Anniversary — And Legal Win

 
2012 |
Hall v. Spence

John Gresham represented a former assistant clerk of court on a First Amendment claim that her termination from employment was motivated by her religious beliefs. Ms. Hall received a $300,000 settlement on the eve of trial.

 
2011 |
US Airways, Inc. v. US Airline Pilots Association

John Gresham represented the US Airline Pilots Association in a federal court dispute between the airline and the pilots union. Gresham continues to serve as North Carolina counsel for the U.S. Airline Pilots Association (USAPA) in federal and state court proceedings.

 
2010 |
Rhinehart v. City of Gastonia

John Gresham represented a female police sergeant on a sex discrimination claim that her termination from employment was based on her gender. Ms. Rhinehart received a settlement of $390,000 after the federal district court denied the City’s summary judgment motion.

 
2005 |
Vanderburg v. N.C. Dept. of Revenue

John Gresham successfully litigated a case of first impression before the North Carolina Court of Appeals concerning whether a probationary state employee could bring an action alleging that his termination was the result of his religious practices. After succeeding in the Court of Appeals, Gresham’s client was reinstated. The Department of Revenue ultimately settled both the wrongful termination claim and parallel discrimination claim brought with the EEOC for $100,000 in lost wages, compensatory damages, and lost benefits. The Department also paid $52,000 for attorney’s fees and costs.

 
1998 |
Brewer v. Cabarrus Plastics, Inc.

John Gresham represented an African American client in a 42 U.S.C. § 1981 action and an action for wrongful discharge based on the public policy expressed in the state Equal Employment Practices Act alleging both race discrimination and retaliation resulting from the filing of an EEOC charge. This was the first appellate decision recognizing a wrongful discharge retaliation claim base on the public policy in the Equal employment Protection Act.

 
1992 |
Crump v. Board of Education

John Gresham successfully litigated this case from trial to the North Carolina Supreme Court, which affirmed a school teacher’s jury verdict of $76,000 in a case brought pursuant to 42 U.S.C. § 1983 for being forced to endure a dismissal hearing before a school board containing one member who was biased against him.

 
1992 |
Corum v. University of North Carolina

John Gresham represented a university professor in a free speech claim against the University of North Carolina and some of its officials. At issue was whether the professor had standing to bring a constitutional claim when there was no specific statute authorizing such a cause of action. In a groundbreaking 1992 decision, the North Carolina Supreme Court ruled in favor of the professor, holding that in the absence of an adequate state remedy, a person whose constitutional rights have been abridged has a direct claim against the State and its officials under the North Carolina Constitution.

 
1989 |
Reed v. United Transportation Union

John Gresham successfully argued this case in the U.S. Supreme Court, which held that Union members were not barred from suing their Union for violating their right to free speech, because their claim, under the Labor Management Reporting and Disclosure Act, was governed by a three-year state statute of limitations rather than a shorter federal statute.