Brian R. Bostick

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Mr. Bostick graduated, cum laude, from Birmingham-Southern College in 1992.  He received his law degree and his Masters in Business Administration from the University of Alabama in 1996.  While in Law School, he was a member of the Alabama Law Review and also was a member of the winning team in the John A. Campbell Moot Court Competition, a competition which emphasizes both oral and written appellate advocacy.

After completing law school, Mr. Bostick began his professional career in 1996 as a law clerk to United States District Judge C. Lynwood Smith, Jr. in the United States District Court for the Northern District of Alabama. Mr. Bostick has practiced exclusively in the area of labor and employment law in the Birmingham area since 1997, and has been with Ogletree Deakins since 2000.  He has considerable experience representing employers in employment-related litigation in both federal and state courts.  He has defended employment lawsuits pending before each of the federal districts in Alabama, the Alabama Supreme Court, the Eleventh Circuit Court of Appeals and the United States Supreme Court.  He has also successfully represented employers before numerous administrative agencies such as the Equal Employment Opportunity Commission, the Department of Labor, and the Mine Safety and Health Administration.

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Mr. Bostick has handled several cases which have led to significant rulings for employers, including:

U.S. Supreme Court:

Ash v. Tyson Foods, Inc., 546 U.S. 454, 126 S. Ct. 1195, 163 L.Ed.2d 1053, (2006) (ruling on the standard to be used for comparative qualifications evidence in a promotion case and the standard for reviewing alleged discriminatory remarks as evidence to support a claim of discrimination)

Eleventh Circuit Court of Appeals:

McCay v. Drummond Co., Inc., 509 Fed. Appx. 944 (11th Cir. 2013)(affirming denial of benefits claim under ERISA based upon timeliness arguments)

Birdyshaw v. Dillard’s Inc. 308 Fed. Appx. 431 (11th Cir. 2009)(affirming grant of summary judgment on Title VII retaliation claims)

Watson, et. al.  v. Drummond Co., Inc. 436 F.3d 1310 (11th Cir. 2006)(affirming grant of summary judgment to employer under Employee Polygraph Protection Act)

Amos v. Tyson Foods, Inc.
153 Fed. Appx. 637 (11th Cir. 2005)(affirming grant of summary judgment for employer in race discrimination and retaliation lawsuit)

Jones v. Dillard’s, Inc. 331 F.3d 1259 (11th Cir. 2003) (reviewing standard for equitable tolling of claims under Age Discrimination in Employment Act)

Summers v. Dillard’s, Inc., 351 F.3d 1100 (11th Cir. 2003)(reversing district court’s refusal to compel mandatory arbitration of employment discrimination claims)

Alabama Supreme Court and Alabama Court of Civil Appeals:

Byrd v. Dillard’s, Inc. 892 So.2d 342 (Ala. 2004)(defining the interpretation of the statute of limitations under the Alabama Age Discrimination in Employment Act)

Gayfer Montgomery Fair Co. v. Austin, 870 So.2d 683 (Ala. 2003)(ruling in favor of employer’s use of mandatory arbitration program)

Aldridge v. DaimlerChrysler Corp., 809 So.2d 785 (Ala. 2001)(federal preemption issues and state law tort claims of fraud, breach of contract, and promissory estoppel)

Shoney’s, Inc. v. Barnett, 773 So.2d 1015 (Ala. Civ. App. 1999)(vacating award of punitive damages in malicious prosecution action)


Admittance to Practice

Professional Activities

  • American Bar Association
  • Alabama Bar Association
  • Birmingham Bar Association
  • Registered on the Alabama State Court Mediator Roster

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