John B. Flood is an experienced, first-chair litigator with more than 35 jury trials.
Mr. Flood practices in the areas of employment law and labor law. Mr. Flood represents clients in the full spectrum of employment litigation matters in federal and state courts at the trial and appellate levels, in labor arbitrations, and against claims of retaliation before the Mine Safety and Health Administration. Mr. Flood represents clients in a wide variety of industries, including retail, hospitality, defense and government contracting, and mining.
Mr. Flood gained extensive litigation experience while serving for twelve years in the Air Force Judge Advocate General’s Corps. Mr. Flood prosecuted and defended over 60 criminal cases before military judges and juries, and worked in two different positions for the Air Force as a labor and employment lawyer. Mr. Flood resigned from the Air Force, receiving an honorable discharge in 2005 at the rank of Major, to enter a full-time private law practice with Ogletree Deakins.
Mr. Flood’s recent efforts on behalf of clients include the following:
- Obtained summary judgment for leading defense contractor in lawsuit in the U.S. District Court for the Eastern District of Virginia in which the plaintiff alleged retaliation in violation of the False Claims Act.
- Obtained summary judgment for multi-state hospital system in lawsuit before the U.S. District Court for the Eastern District of Virginia in which the plaintiff alleged that his termination for making threats of violence concerning co-workers constituted discrimination in violation of the Americans with Disabilities Act and USERRA.
- Led the defense for a leading, international retailer in a lawsuit against allegations of wrongful termination, breach of contract, and various torts, in the U.S. District Court for the U.S. Virgin Islands.
- Obtained decision in favor of leading sprinkler and alarm company before Department of Labor Administrative Law Judge, where former employee had alleged that his termination violated the anti-retaliation provisions of the Sarbanes-Oxley Act.
- Led the efforts for a leading, international retailer to enforce non-solicitation and non-competition agreements in state and Federal courts in Maryland, Maine, and Vermont.
- Served as co-counsel in five-week jury trial in the Circuit Court for Montgomery County, Maryland, on behalf of a large real estate company in a lawsuit against a competitor and a former manager. Mr. Flood conducted direct and cross examinations of experts as well as fact witnesses. Mr. Flood also delivered the closing argument concerning the former employee’s counterclaims. The jury returned a verdict in favor of the firm’s client on several claims, including the counterclaims of negligent misrepresentation, fraud, and violation of Maryland wage law concerning a net profit bonus.
- Served as co-counsel while defending a large government contractor in a lawsuit alleging Title VII gender discrimination and violations of the Equal Pay Act in the U.S. District Court for Maryland. Mr. Flood’s cross-examination of the plaintiff was described by the client as “exceptional.” The jury returned a verdict in favor of the defendant on all counts.