Many of the well-known reported decisions in the U.S. District Court for the District of Maryland addressing employer and employee rights, as well as civil rights, are cases that Howard B. Hoffman has either prosecuted (represented the employee) or defended (represented the employer). Three of the most important decisions involving the First Amendment rights of law enforcement whistleblowers, decided by the U.S. Court of Appeals for the Fourth Circuit, are cases that Howard B. Hoffman has prosecuted on behalf law enforcement whistleblowers. In eighteen years of practice, it is extraordinarily rare for a single attorney to make such an impact on the development of employment and civil rights law.
These notable and widely cited decisions include, but are not limited to:
- Durham v. Jones, 737 F.3d 291 (4th Cir. 2013) (representation of law enforcement officer in claim of first amendment retaliation)
- Andrew v. Clark, 561 F.3d 261 (4th Cir. 2009) (representation of law enforcement officer in claim of first amendment retaliation and due process)
- Lane v. Anderson, et al., 660 Fed.Appx. 185 (4th Cir. 2016) ((representation of former Baltimore City Deputy Sheriff in claim of first amendment retaliation; remanded 11th Amendment immunity dismissal)
- Rose v. New Day Financial, et al., 816 F.Supp.2d 245 (D. Md. 2011) (Quarles, J.) (represented employer; motion to compel class-waiver arbitration granted)
- Chapman et al. v. Ourisman Chevrolet Co., Inc., 2011 WL 2651867 (D. Md. 2011) (Williams, J.) (representation of employee class in minimum wage dispute; summary judgment for employer denied)
- Williams et al. v. ezStorage Corp., 2011 WL 1539941 (D. Md. Apr. 21, 2011) (Bennett, J.) (conditional certification of FLSA collective action on behalf of employees)
- Gionfriddo et al. v. Jason Zink, LLC, et al., 769 F.Supp.2d 880 (D. Md. 2011) (Bennett, J.) (represented employer in FLSA case; motion for decertification partially granted).
- Miller v. Hamm, CCB 10-243, 2011 WL 9185 (D. Md. Jan. 3, 2011) (Blake, J.) (representation of law enforcement officer in claim of first amendment retaliation and due process)
- Dorsey et al. v. The Greene Turtle Franchising Corp., 2010 WL 3655544 (D. Md. 2010) (Blake, J.) (represented employees; grant of conditional certification of FLSA collective action)
- Williams et al. v. Long (d/b/a “Charm City Cupcakes”), 585 F.Supp.2d 679 (D. Md. 2008) (Grimm, J.) (represented employees; grant of conditional certification of FLSA collective action (widely cited in District))
- Williams et al. v. Long, 558 F.Supp.2d 601 (D. Md. 2008) (Motz, J.) (represented employees; dismissing counterclaim brought by employer in FLSA case, widely cited throughout the U.S.)
- Wyckoff v. Maryland State Police, et al., 522 F.Supp.2d 730 (D. Md. 2007) (Quarles, J.) (representation of law enforcement officer in claim of gender discrimination and first amendment retaliation)
- Sabol v. Brooks, 469 F.Supp.2d 324 (D. Md. 2006) (Grimm, J.) (represented employee in post-judgment collection as to potential successor in FLSA case)
- Spencer v. Central Services, LLC, et al., Case No. CCB-10-3469, 2012 WL 142978 (D. Md. Jan. 13, 2012) (represented employee in grant of attorneys’ fees and costs in FLSA case)
- Dorsey et al. v. TGT Consulting, LLC (t/a The Greene Turtle), 888 F.Supp.2d 670, 2012 WL 3629209 (D. Md. Aug. 20, 2012) (Blake, J.) (represented employee class of restaurant workers; holding employee’s earning statements were insufficient to inform employees of FLSA’s tip credit requirements)
- Durham v. Jones, 2012 WL 3985224 (D. Md. Sept. 10, 2012) (in a case where judgment was obtained in the amount of $1,112,200.00, Hoffman successfully defended against motions for new Trial and JNOV, and obtained award of attorneys’ fees and costs, with Judge Nickerson remarking that Hoffman’s timesheets “thoroughly account[ed]” for claimed hours)
- Saman v. LDBP, Inc., 2012 WL 5463031 (D. Md. Nov. 7, 2012) (Chasanow, J.) (represented employer in dismissal of supplemental state claim of wrongful discharge in FLSA case).
- Prusin v. Canton’s Pearls, LLC (t/a Canton Dockside), 2017 WL 5126156 (D. Md. Nov. 6, 2017) (Bredar, J.) (represented restaurant worker in denial of employer’s attempt to count automatic gratuities towards minimum wage and overtime wage compliance).
- Fancy Cats Rescue Team, Inc. v. Crenson, et al., 2015 WL 268665 (D. Md. 2015) (Bredar, J.) (represented cat rescue whose First Amendment retaliation lawsuit survived Motion to Dismiss; holding that cat rescue banned by Baltimore County Animal Services stated First Amendment (free speech) claim).
- Durham v. Rapp, et al. 64 F.Supp.3d 740 (D. Md. 2014) (Bredar J.) (represented former law enforcement officer seeking police recertification; Court denied motion to dismiss filed by Maryland Police Training Commission in a lawsuit alleging the Maryland Police Training Commission retaliated against former police office by denying police certification; also denying qualified immunity to all members of the Maryland Police Training Commission).
- Mould v. NJG Food Service, Inc., 37 F.Supp.3d 762 (D. Md. 2014) (Bredar, J.) (represented employer in a case alleging, among other things, retaliation for filing an unpaid minimum wage and overtime wage case; Court dismissed employee’s retaliation and other claim).
- Yoder v. The O’Neil Group, LLC, et al., 2017 WL 6206074 (D. Md. Dec. 8, 2017) (Chasanow, J.) (represented attorney whistleblower in case arising under the anti-retaliation provisions of Section 1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act; Court denied employer’s Motion for Summary Judgment).
- Saman v. LBDP, Inc., 2013 WL 2949047 (D. Md. June 13, 2013) (Chasanow, J.) (represented employer in FLSA case; Court partially denied legal fees to employee’s attorney and addressed the standard for settlement of FLSA cases; case has been cited widely in more than 65 other FLSA cases pending in Federal Courts).