James R. (“Spud”) Seale
SHAREHOLDER
Telephone 334-834-7600
Fax 334-263-5969
Email jrs@hillhillcarter.com
Mr. Seale has 54 years of experience and represents boards of education, including five as general counsel, construction companies, contractors and architects, in a variety of legal matters including labor employment/Fair Labor Standards Act (FLSA), business contracts, and civil rights matters. Additionally, he regularly serves as an arbitrator and mediator, representing clients in arbitration and mediation disputes. He is admitted to practice in all State and Federal Courts in Alabama, the United States Court of Appeals for the Fifth and Eleventh Circuits, United States Court of Customs and Patent Appeals, United States Claims Court, and the United States Supreme Court.
Noteworthy
- Obtained award to Plaintiffs for 24+ million in class action representing all military retirees in the State of Alabama on tax refund case. Rinehart, et al. v. Sizemore, et al.
- Plaintiff’s award of 5.4 million was reversed on appeal. Toole v. McClintock and Baxter Healthcare.
- Defense of class action seeking 100+ million in back pay; Judgment in favor of Plaintiffs. Award of $0.0, other than attorney’s fees. Waldrop, et al. v. State Board of Education, et al.
- Defense of 30+ county and city boards of education for allegations of violations of the Fair Labor Standards Act. Successfully defeated collective certification in most cases. Some cases conditionally certified. All cases resolved on favorable terms to city and county boards.
- Summary judgment granted in favor of defendants in suit alleging violations of Title VII, 42 U.S.C. § 1983, Fourteenth Amendment, and equal protection. Fields v. J. Phillip Raley, et al.
- Summary judgment granted in favor of defendants in suit alleging breach of contract, fraud or misrepresentation, violations of the due process clause and equal protection clause of the Fourteenth Amendment, Alabama’s Age Discrimination in Employment Act, and conspiracy. Conway, et al. v. Montgomery County Board of Education, et al.
- Summary judgment granted in favor of defendants in suit alleging violations of due process and equal protection clauses of the Fourteenth Amendment, 42 U.S.C. § 1981, and Alabama’s Age Discrimination in Employment Act. Jones-Walton v. Lowndes County Board of Education, et al.
- Summary judgment granted in favor of defendants in suit alleging violations of Title VII, 42 U.S.C. § 1981, 42 U.S.C. § 1985, First Amendment, equal protection, and negligent supervision. Hurst v. Montgomery County Board of Education, et al.
- Summary judgment granted in favor of defendant in suit alleging violations of Title VII, Alabama’s Age Discrimination in Employment, and state laws for unlawful employment practices and acts of intentional discrimination and retaliation. Shumate v. Selma City Board of Education.
- Summary judgment granted in favor of defendants in suit alleging violations of Title VI, Title VII, Thirteenth Amendment, and Fourteenth Amendment. Thomas v. Troy City Board of Education, et al.
- Summary judgment granted in favor of defendant in suit alleging violations of Title VII, Title IX, and 42 U.S.C. § 1981. Dickerson v. Montgomery County Board of Education.
- Summary judgment granted in favor of defendants in suit alleging violations of the Equal Pay Act. Nixon v. Autauga County Board of Education, et al.
- Summary judgment granted in favor of defendant in suit alleging violations of Title VII, 42 U.S.C. § 1983, and Alabama’s Age Discrimination in Employment Act. Burkette v. Montgomery County Board of Education.
- Summary judgment granted in favor of defendants in suit alleging violations of Title VII and 42 U.S.C. § 1983. Harvey v. Montgomery County Board of Education, et al.
- Summary judgment granted in favor of defendants in suit alleging fraud, slander of tile and conversion. Donald Garrison v. Estate of U.D. Guthrie, et al.
- Summary judgment granted in favor of defendants in suit alleging hostile working environment and violations of First Amendment rights. Tompkins v. Montgomery County Board of Education, et al.
- Summary judgment granted in favor of defendant in suit alleging violations of Title VII, 42 U.S.C. § 1981, and 42 U.S.C. § 1983. Thomas v. Autauga County Board of Education.
- Judgment in favor of the Board following a three-day bond validation trial. Montgomery County Board of Education v. Citizens of Montgomery County, Alabama
- Board granted unitary status following three days of fairness hearings. Lee v. Autauga County Board of Education.
- Dismissal of case where Plaintiffs alleged decision of administrative law judge was not supported by legal evidence, administrative law judge incorrectly applied the law to the facts, and proceedings did not comply with the Students First Act and due process. Richard Streetman, et al. v. Montgomery County Board of Education, et al.
Bar Admissions
ALABAMA
1969
FLORIDA
1972
U.S. SUPREME COURT
U.S. CIRCUIT COURTS
Fifth Circuit
Eleventh Circuit
U.S. DISTRICT COURTS
Northern District of Alabama
Middle District of Alabama
Southern District of Alabama
U.S. COURT OF FEDERAL CLAIMS
U.S. COURT OF INTERNATIONAL CLAIMS
Education
1969
University of Alabama School of Law
Tuscaloosa, Alabama, J.D.
Honors:
- Bench and Bar Legal Honor Society
1966
University of Alabama
Tuscaloosa, Alabama, B.A.
Associations
ALABAMA STATE BAR ASSOCIATION
Member
President (1993-1994)
Board of Commissioners (1987-1992)
Disciplinary Commission (1990-1992)
Executive Committee (1988-1990)
MONTGOMERY COUNTY BAR ASSOCIATION
Member
President (1986)
Board of Directors and Secretary (1982-1985)
ALABAMA COUNCIL OF SCHOOL BOARD ATTORNEYS
President (1999-2000)
ALABAMA LAW FOUNDATION
President (1997-1999)
SOUTHERN CONFERENCE OF BAR PRESIDENTS
President (1993-1994)
ALABAMA DEFENSE LAWYERS ASSOCIATION
Board of Directors
COUNCIL OF SCHOOL ATTORNEYS
Member
Classes Taught
Top Human Resource Mistakes that Land in Court, Council for Leader in Alabama Schools, 2015
School Law I, Alabama Association of Association of School Business Officials, 2006, 2007, 2008
School Law I, Autauga County Board of Education, 2007
Health Care Issues in the School Environment, Alabama Council of School Board Attorneys, 2006
Fair Labor Standards Act: A New Round of Lawsuits, Alabama Association of Office Personnel, 2005
Fair Labor Standards Act: Avoiding and Defending Litigation, National School Board Association Council of School Attorneys
Fair Labor Standards Act: A New Round of Lawsuits, South Carolina School Boards Association
Fair Labor Standards Act, University of North Carolina, Institute of Government
Fair Labor Standards Act, New Principals Institute, 2005
Fair Labor Standards Act, Kentucky School Boards Association
Arbitration in Alabama, AIM CLE Seminar
Hot Topics in School Law in Alabama, Lorman Education Services
Education Law Institute, Western Kentucky University
Fair Labor Standards Act, Dallas County Board of Education
Sexual Harassment, Lorman Education Services
Guide to Alabama Teacher Tenure and Fair Dismissal Act Law, Montgomery County Public Schools Administrative Council
Employment Law, Alabama Association of School Office Personnel
Education Law Review, Alabama Council of School Board Attorneys, 2003-2004
Employment Law, Alabama Association of School Business Officials
Purchasing, Alabama Association of School Business Officials, 2002
Instructor, Jones Law Institute, 1976-1979