Ms. Pendergraft represents management in employment-related litigation concerning claims of discrimination, harassment, retaliation, unemployment compensation, wage and hour violations, and workers’ compensation. As part of her practice, Ms. Pendergraft also regularly provides individualized and group training on issues such as employee discipline, harassment prevention and investigation, litigation avoidance, record retention, and workplace policies and procedures.
In addition to her time spent as a frequent lecturer to industry groups, human resources professionals, and safety personnel, Ms. Pendergraft also serves as an Adjunct Professor at the University of Alabama School of Law where she has taught Workers’ Compensation since 2007.
Experience
Experience:
- Ms. Pendergraft successfully defended a large automotive supplier against claims brought by 436 former employees seeking damages for alleged occupational exposure. Through her development of unique strategies for defending these claims, she was able to get 320 of the original plaintiffs dismissed from the suit. After trying the first two cases, Ms. Pendergraft was responsible, in part, for drafting significant novel legal arguments addressing issues of release, exposure, legal causation, and costs before the Alabama Court of Civil Appeals. Both cases resulted in two published decisions in the company’s favor, the second of which has become the standard for causation in occupational disease cases in Alabama.
- Ms. Pendergraft successfully represented a utility company in a politically high-profile case against a municipality. The case involved an issue of first impression for courts in the Eleventh Circuit, interpreting the rights of a federally-indebted water authority to be the exclusive water supplier to consumers in its service territory. After the judge announced that she would grant Ms. Pendergraft’s motion for summary judgment, the case was sent to mediation before a U.S. Magistrate. After three days of mediation, agreement was reached which provided the utility with relief beyond what the client sought in its Complaint or could have obtained by a judgment at trial.
- Ms. Pendergraft represented a large retailer providing pre-litigation advice after an employee sustained a series of work-related injuries. By developing an interactive dialogue process with respect to the claimant’s request for accommodation and procedures to follow with respect to the expiration of her extended medical leave, both which have now been applied company-wide. Because Ms. Pendergraft had the unique combination of employment and worker’s compensation experience, she was able to provide a seamless and consistent defense of the claims brought by various counsel who represented the claimant both in state and federal court.
- Ms. Pendergraft represented a large government contractor in a retaliatory discharge claim after work was completed on-site and certain files became unavailable. Through depositions in the case, Ms. Pendergraft was able to secure testimony that confirmed the Plaintiff’s layoff. Just prior to filing for summary judgment, she negotiated a settlement that was less than a third of the authority given by the company.
Admitted to Practice:
Georgia (Supreme Court, Court of Appeals, Superior Courts)
Alabama
U.S. Court of Appeals, Eleventh Circuit
U.S. District Court, Middle, Northern and Southern Districts of Alabama
U.S. District Court, Middle and Northern Districts of Georgia
U.S. District Court, Northern District of Florida
Education and Honors
Honors and Awards:
- AV Rated By Martindale-Hubbell
- Alabama State Bar’s Future Leaders Forum Class VI (2010)
- Birmingham Bar’s Future Leaders Seminar Class I (2009)
- Birmingham Georgia Tech Club – 2008 Alumni of the Year
- Georgetown National White Collar Crime Invitational – 2001 National Runner-up, Best Brief
- J. Melvin England Mock Trial Competition – 2000 Winner
- Order of Barristers
- Joseph Henry Lumpkin Inn of Court
- J. Ralph Beiard Closing Argument Competition – 1999 Semi-finalist
Professional Activities
Professional Activities:
- American Bar Association (ABA Advisory Panel, Labor & Employment Section)
- Alabama Bar Association (Labor & Employment and Women's Sections, Workers' Compensation Section Program Committee)
- Birmingham Bar Association (Women’s Section Executive Board – Corresponding Secretary; Worker’s Compensation Section – Philanthropy Sub-committee; Future Leaders Task Force – Co-chair for Federal and State Court Professionalism Session)
- National Association of Women Lawyers (Program Committee; Night of Giving Co-chair)
- Alabama Self-Insured Association (Associate Member)
- Worker’s Compensation Association of West Alabama
- Alabama Worker’s Compensation Organization
Speeches:
- Birmingham Bar Association Worker’s Compensation Section Judges CLE Seminar - "Three P’s of Worker’s Compensation – Pain, Peer Review, and Publix" - Birmingham - November 10, 2011
- Birmingham Bar Association Women’s Section - "Leadership Development" - Birmingham - October 18, 2011
- Birmingham Bar Association Future Leader Task Force - "Professionalism in the Courts (moderator)" - Birmingham - October 11, 2011
- University of Alabama School of Law First Year Orientation - "Professionalism in the Law" - Birmingham - August 17, 2011
- Society of Human Resources Management - East Alabama Chapter - "Return to Work & The Interactive Process – The ADA and Worker’s Compensation" - Auburn - August 10, 2011
- Alabama Self-Insured Association’s Winter Workshop - "Getting The Most Out Of Medical Records" - Birmingham - January 20, 2011
- Alabama State Bar Worker’s Compensation Section’s Annual CLE - "Federal Legislative Impacts on Worker’s Compensation Claims (What You Need To Know About The Case You Are Not Filing Or Defending)" - Birmingham - November 5, 2010
- Society of Human Resource Management – Cullman Chapter - "Federal Legislative Interaction with Worker’s Compensation" - Cullman - September 14, 2010
- Alabama Self Insurer’s Association Summer Conference - "Ethical Dilemmas in Worker’s Compensation" - Destin - August 17, 2010
- University of Alabama School of Law First Year Orientation - "Round-Table on Ethics and Professionalism for Lawyers" - Tuscaloosa - August 13, 2010
- Ogletree Deakins Breakfast Briefing - "LILLY, GINA, and ADA: The three new leading ladies in employment law" - Birmingham - March 25, 2010
- Worker’s Compensation Association of West Alabama - "Federal Impacts on Worker’s Compensation Law" - Tuscaloosa - January 26, 2010
- Troy University CLE - "Employment Law Update" - Troy - November 20, 2009
- Worker’s Compensation Association of West Alabama - "Worker’s Compensation Law Update" - Tuscaloosa - February 14, 2009
In The News
Published Works:
- December 2011 - Alabama Self Insurer's Association Newsletter - "Referring of Referrals"
- November 2011 - Birmingham Bar Association Worker’s Compensation Section Judges CLE Paper - "Three P’s of Worker’s Compensation – Pain, Peer Review, and Publix"
- November 2010 - Alabama State Bar CLE Paper - "Federal Legislative Impacts on Worker’s Compensation Claims (What You Need To Know About The Case You Are Not Filing Or Defending)"
- September 2010 - Alabama Self Insurer’s Association Newsletter - "Comp Talk"
- August 2010 - Alabama Self Insurer’s Association Summer Conference Paper - "Ethical Dilemmas in Worker’s Compensation"