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Charles T. Jeremiah maintains a general litigation practice, with an emphasis on employment, constitutional and civil rights law. He possesses considerable experience, having resolved hundreds of matters in trial and appellate proceedings in state and federal court. Mr. Jeremiah has achieved prompt dismissals of cases in favor of his clients in more than 85% of his cases.  

Significant Cases

• Conklin v. Chumley, et al. – Obtained dismissal of politically charged federal wrongful termination lawsuit through summary judgment. Among other arguments, successfully argued that the Plaintiff's conduct was not protected from retaliation based on cutting edge case law developments (unpublished) [employment]
• Lindquist v. City of Pasadena – Obtained dismissal of federal lawsuit asserting "class of one" Fourteenth Amendment Equal Protection claim.  Despite stark disagreement between various Circuits regarding United States Supreme Court precedent, I convinced Court that Fifth Circuit required dismissal absent critical element of malice or animus (2006 WL 3499527 S.D. Tex. 2006) [constitutional law]
• Brand v. Savage – Argued that claims were barred by sovereign immunity under the Texas Tort Claims Act, and that statutory immunity extended to bar claims against the police chief.  Summary judgment was affirmed on appeal.  920 S.W.2d 672 (Tex.App. – Houston [1^st Dist. 1995, no writ) [governmental defense; sovereign immunity]
• Smith v. Blue – Gained summary judgment for defendant accused of failing to prevent suicide in Juvenile facility notwithstanding defendant's criminal conviction for altering the monitoring records after the death.  35 Fed.Appx. 390 (C.A. Tex. 2002), cert denied, 537 U.S. 1003, 123 S.Ct. 497 (2002)
• Columbus v. Barnstone – Convinced Court to dismiss claims against City and Police Officer based on qualified immunity where car keys were returned to a very intoxicated individual, who then wrecked into the Plaintiff.  921 S.W.2d 268 (Tex.App. – Houston [1^st Dist. 1995, no writ) [governmental defense; qualified immunity]
• Wal-mart v. Middleton – Argued successfully for reversal of trial court decision based on argument that testimony rebutted spoliation presumption where photographs of the accident scene were lost.  982 S.W.2d 468 (Tex.App. – San Antonio 1998, pet. denied). [evidentiary issues; spoliation]
• Stansfield v. O'Reilly Automotive – Defeated motion for summary judgment by establishing material fact issues based on direct and circumstantial evidence.  2006 WL 1030010 (S.D. Tex. 2006) [Plaintiff's wrongful termination case]

Representative Matters

• Contentious Discrimination/Retaliation Lawsuit Dismissed - A Texas College contending with a 'frequent filer' of Equal Employment Opportunity Complaints based on national origin and retaliation, faced particularly contentious litigation against the College.  The Plaintiff took numerous depositions, compiled thousands of pages of documentary 'evidence,' and included in her complaint every conceivable adverse employment action or decision affecting her.  She hired experts willing to testify that she had suffered extensive monetary losses now and into the future.  The Plaintiff submitted a voluminous filing to the Court, to try and establish the existence of fact issues for trial, and continued to revise her allegations, amounting to a 'moving target.'
  
  Through a careful and deliberate evaluation of the Plaintiff's evidence, and the relevant case law, co-counsel Barbara Roberts and I drafted and argued a motion which convinced the Court to dismiss the case, in its entirety, on summary judgment, awarding substantial costs of court.
• Defamation / Theft Case Dismissed - An Elementary School principal faced a group of hostile parents active in the Parent Teacher's Association who desired her removal.  An unidentified person completed dozens of magazine subscriptions in the principal's name to harass her, possibly committing fraud and identity theft and other criminal conduct.  The Principal suspected a particular individual and obtained what she believed was evidence supporting her suspicion, submitting it to the relevant law enforcement authorities.  She also spoke out to the PTA about the criminal investigation.  The suspect sued for defamation and other alleged torts.
  
  Working closely with the client, I crafted an affidavit which provided the factual foundation for a claim of immunity, based on Texas law protecting school administrators from suit for acts in the course of performing their duties.  Although in some respects a close call, I was able to convince the judge that all of the alleged misdeeds fell within the scope of the Principal's position, for purposes of the statute, and convinced him that under a broad reading of the statute, dismissal was required.
• Engineering Malpractice Claim Dismissed - When construction of a new location of a prominent community college encountered major delays and cost overruns, various contractors and subcontractors disputed responsibility and liability, and litigation ensued.  One of the parties, a Houston geotechnical engineering company, was sued for alleged faulty testing of ground composition which in turn resulted in an inadequate foundation for the main structure.
  
  After a 'crash course' in geotechnical engineering at least as they related to the case, I prepared the necessary evidence to obtain a prompt dismissal through summary judgment for the engineering company, based upon the opinion testimony of various witnesses including engineers.  I helped my client obtain a quick dismissal from a case which ultimately proceeded to trial and resulted in a substantial verdict against another party.
• Law Firm Fee Dispute / Malpractice Counterclaim - A law firm sued a former client for unpaid attorneys fees in an amount approaching six figures.  Predictably, the former client counterclaimed based on alleged malpractice.  Partner Bill Helfand and I were retained to defend the firm on the malpractice claim.  We successfully convinced the Court to reduce a variety of fragmented malpractice claims to one – whether the firm was negligent.  The jury awarded the law firm unpaid attorneys fees, and rejected the malpractice claim.

Recently Quoted

• Quoted in New York Times and local newspapers and legal publications on employment law and civil rights matters.

Seminars & Presentations

• “Fair Labor Standards Act (FLSA): The Rediscovery of Workers' Wage Laws by Underemployed Plaintiff's Class-Action Lawyers,” (please provide location and date)

Case Studies

• Construction Law - How Truly Understanding Your Client's Business Provides Critical Litigation Advantage

Professional Affiliations

• Member, Labor & Employment Law Section, Houston Bar Association
• Fifth Circuit Bar Association