Donna M. Ballman, P.A.
5001 South University Drive, Suite G, Fort Lauderdale, Florida 33328 Telephone: 954-680-6300
www.lawyers.com/ballman
Firm News
$600,000 JUDGMENT ON BREACH OF CONTRACT CASE
 
Donna Ballman has obtained a judgment in excess of $600,000 for breach of an employment contract.  The company terminated its employee prior to the end of an employment contract and failed to pay the severance set forth in the agreement.  Summary judgment was entered in favor of the employee, and damages included the lost wages and prejudgment interest, with the Court reserving jurisdiction to assess the amount of attorney's fees and costs.
 
NON-COMPETE AGREEMENT THROWN OUT
 
Donna M. Ballman, P.A. has defeated a non-compete injunction entered against a client.  An emergency injunction was entered without notice to the former employee.  Upon hearing the testimony presented by attorney Lorena Schwartz, the court overturned the non-compete agreement.  The employee was a sales person who obtained leads through a public source.  The former employer sought to keep the employee from opening a competing corporation.  The Court found that, because the information used in leads was public information and not confidential, the former employer had no interest to protect and lifted the injunction.
 
$100,000 VERDICT ON DEFAMATION CASE
 
Donna M. Ballman, P.A. has won a $100,000 jury verdict on a defamation case against American Airlines.  The case involved the company putting false information in a disciplinary action, spreading false information about the employee, and allowing the information to continue to spread knowing it was false.  The jury further found that the company had negligently supervised its employees.  The employee, who still works for American, received the monetary award for damage to reputation and for emotional distress.  The case, which went all the way to the United States Supreme Court and back into state court, also involved unique issues of preemption under the Railway Labor Act.
 
COURT CERTIFIES CLASS ACTION ON WIRETAPPING
 
A West Palm Beach judge certified a class action in a case involving illegal wiretapping of employees and citizens who called into the Lake Worth Police Department. Donna Ballman represents the class along with John Davis. The case started when an employee being subjected to disciplinary action discovered the employer had taped personal telephone calls she had while at work. The employer did not inform employees or callers they were being taped.The "Security of Communications Act" makes it illegal to intentionally intercept, use or disclose, or endeavor to intercept, use or disclose, or procure any other person to intercept, use or disclose, any wire communication. The Act has both criminal and civil penalties.
 
The certification of the class means the employer has the potential to be held liable for thousands of calls over the course of years that were illegally intercepted. The class representative is a law enforcement officer employed by the employer. All persons who were parties to telephone calls to and from non-emergency and non-published telephone numbers after July 22, 2000 are potential class members.
 
BALLMAN NAMED TO TOP ATTORNEYS IN SOUTH FLORIDA

Donna Ballman was named a "Top Lawyer in South Florida" in the area of employment law for the third year by South Florida Legal Guide.   Attorneys were chosen based upon a screening process which began with asking 5,000 lawyers whom they would recommend to a friend or family member in a variety of fields or areas of practice.  They then took an initial list of approximately 400 lawyers who were mentioned most frequently in the responses, and in an effort to further narrow the field, had the list reviewed by other lawyers to cull it down to what South Florida Legal Guide believes are the top lawyers in each area of practice.

BALLMAN NAMED LEADING FLORIDA ATTORNEY

Donna Ballman was named a "Leading Florida Attorney" by the American Research Corporation.  This selection was the result of an extensive survey involving thousands of members of The Florida Bar.  Less than 5% of the attorneys licensed to practice in Florida have been selected as Leading Florida Attorneys.

HIALEAH PAYS $189,000 TO SETTLE SWIM CASE

The City of Hialeah settled a race discrimination suit by five black firefighter applicants by paying $189,000.00.  Three of the plaintiffs are being allowed to re-apply to the Fire Department, and will be allowed one year after hiring to pass the swim portion of the physical agility test.  The suit, handled by attorney Donna Ballman for the plaintiffs, was based upon changes to the pre-hiring swim test that were made after the Department of Justice filed a class action suit against the City alleging race discrimination in hiring practices in the police and fire departments.  The plaintiffs re-applied to the City of Hialeah Fire Department as part of the settlement of that DOJ class action.  However, instead of being faced with the test that was in place when they originally applied to the department, they were forced to take a substantially harder test.

BALLMAN APPEARS ON LIFETIME TELEVISION SPECIAL ON SEXUAL HARASSMENT

Donna Ballman appeared on "Final Take:  Sexual Harassment", a one-hour special on Lifetime Television Network.  Ms. Ballman was interviewed regarding a case in which she represented a man who was falsely accused of sexual harassment and who sued his former employer for defamation.  The special focused on issues surrounding sexual harassment by spotlighting four cases which demonstrated unique perspectives on the issue, then had a panel and audience discussion regarding each case.

$916,000 JURY VERDICT

Donna Ballman obtained a $916,000 jury verdict for a man who claimed he was fired for making a worker's compensation claim and that his employer engaged in illegal wiretapping.   The jury found for the plaintiff on both the wrongful termination and wiretapping counts.

$275,000 JURY VERDICT

In a same-sex sexual harassment case, Donna Ballman won a $275,000 jury verdict for her client, a former police dispatcher. She was continually harassed by females in her department, including criticism of clothes, jewelry, work; looking up and down; inappropriate comments about clothing, appearance; questions about personal life. She repeatedly complained. An anonymous letter was sent to her husband which contained sexually graphic and obscene language, and innuendos about her having affairs with a supervisor and police officers.
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