RESUME

EDUCATION

UNIVERSITY OF PACIFIC McGEORGE SCHOOL OF LAW

Juris Doctor Degree, 1975

GRADUATE FELLOW Coro Foundation

Occidental College, Urban Affairs, 1969-70

CALIFORNIA STATE UNIVERSITY, CHICO

Graduate studies, Political Science, 1969; B.A. 1968

SHASTA COLLEGE, Redding, California

Associates Arts Pre Law, 1965

PROFESSIONAL LICENSES & MEMBERSHIPS

Ø President and Owner of Jack E. Kennedy & Associates, P.C., since 1977

Ø Real Estate Licensee since 2005, License No. 62535, State of Nevada

Ø Nominated for Nevada Trial Lawyer of the Year 2003 by sitting Judge

Ø Arbitrator - Nevada Court Annexed Arbitration Program since 2000

Ø Member of Second Judicial District Court Bench-Bar Committee for the year 2000-2002

Ø Admitted to Nevada State Bar, 1977

Ø Admitted to Federal District Court, 1978

Ø Admitted to Ninth Circuit Court of Appeals, 1989

Ø Admitted to Fifth Circuit Court of Appeals, 1992

Ø Who's Who in American Law, nominated 1988-89; selected 1990-91, annually to present

Ø Nominated for Who's Who in the World, 1991; selected 1992-93, and thereafter

Ø Washoe County Bar Association Member, American College of Legal Medicine Member, American Bar Association Past Member, American Trial Lawyers Association Past Member, National Employment Lawyers Association Past Member, Nevada Trial Lawyers Association Past Member

OTHER MEMBERSHIPS AND INFORMATION

Ø       Rotary Member - Charter Member, Fernley Rotary

Ø       Life member ALPHA GAMMA Honor Society

Ø       Miscellaneous scholarships - college and law school

Ø       Established with other associates the first legal clinic in Reno in 1978 to utilize a different kind of delivery of legal services

Ø       Held 19 elected positions in high school and college including student body president in high school and college

Ø       Sunrise Kiwanis member

Ø       Toastmasters, past member

Ø       Miscellaneous speeches, workshops and lectures re: wrongful personnel practices, employment law, personal injury, civil rights

Ø       Coached Pop Warner football

Ø       Lifetime adult education teaching credential, Nevada

Ø       Teaching assistant in college, constitutional law, California

EMPLOYMENT

           JACK E. KENNEDY & ASSOCIATES, P.C.

Reno, Nevada

1977 to present

Position:      Owner-Attorney. Areas of practice: primarily wrongful death, personal injury, wrongful termination of employment, insurance bad faith, business litigation, and real estate. Extensive trial experience in both Federal and State Courts. From 1977 through 1986, while also employed by Washoe County School District, I concurrently opened and maintained a private practice.

        WASHOE COUNTY SCHOOL DISTRICT

Reno, Nevada

1985-1986

Position:      Director, Employee Insurance Services. Duties included further development of self insurance programs and special projects for the superintendent of schools.

WASHOE COUNTY SCHOOL DISTRICT

Reno, Nevada

1975-1985

Position:      Director Level Personnel and Labor Relations. Duties included defense work in the areas of wrongful termination, discrimination, workers' compensation and unemployment law for the District. Testimony before state legislature on District issues. Established self insurance programs for health, unemployment and workers' compensation. Worked in Personnel Relations and on labor issues and participated in formal negotiations.

           LEGAL CENTERS FOR THE ELDERLY

Sacramento and Yolo Counties, California

1972-1975

Developed and obtained funds for the program. Established Legal Centers for the Elderly during the day while going to law school at night.

GOVERNMENT EMPLOYEES UNION, LOCAL NO. 3

1970-1972

Position: Business Representative. Represented union in the Bay Area while attending law school at night.

CORO FOUNDATION FELLOWSHIP - URBAN AFFAIRS

San Francisco, California

1969-1970

One of the 24 graduates selected from thousands candidates for leadership training and worked in several different areas of politics, legislature, police, probation, business, television, labor, utilities, advertising and non-profit organizations.

HEARINGS & TRIAL HISTORY

Employment Security - over 1,000

Worker’s Compensation - over 500

Arbitrations & Mediation - 200

Civil Trials - over 30

Serving as Arbitrator - 20

SIGNIFICANT PERSONAL INJURY, EMPLOYMENT LAW AND OTHER CASES

2008 Foster v. Jonest, et al. Serious personal injury. $3 million settlement.

2007 Low v. Redwine, et al. Serious personal injury. Settled at policy limits of $1.12 million, without lawsuit.

2006 Ponce v. Nevada Dept. of Transportation. Nevada Supreme Court arguments. A father was killed by a large boulder that fell onto the highway.

2005-08 Civil rights employment cases against large corporate defendants, all of which have settled.

2005 Smith v. confidential defendants. Serious personal injury case. $1.2 million settlement.

2005 Browns v. Kidder. Real estate case wherein permanent injunction against Defendant was granted and $100,000 judgment was awarded to client/Plaintiff for intentional interference and nuisance by Defendant.

2004 Bailey v. confidential defendants. Civil rights case against employer wherein a substantial confidential settlement was obtained.

2003-04 Obtained insurance policy limits on several serious automobile and motorcycle accident cases.

2003 Neade v. Rite of Passage. Taken through to Supreme Court; overcame defense position of exclusive remedy in a worker’s compensation matter.

2003 Williams v. State of Nevada, et al. Sierra Pacific Power and other corporate defendants. Wrongful death of a seven year old boy in multi-vehicle collision. Resolution obtained without trial for approximately 3/4 million dollar settlement. Parents directed settlement without trial because their reliving of the events would be too painful. This case received the highest praise from the trial judge, Honorable Steven Kosach, who nominated me for Outstanding Trial Lawyer of the Year for the State of Nevada.

2001 Rumsey v. United States Navy. Federal tort claims act case arising from 1998 head-on collision involving a Navy civilian employee that resulted in child’s death and injury to her grandmother. Federal District Court case was referred to mediation, which resulted in a $1,000,000.00 settlement.

2000 Billy v. Ginn. Prevailed in surgeon’s wrongful termination/breach of contract claim against employer. Judgment and award of costs and attorney fees obtained for client totaled approximately $250,000.00.

2000 Simmons v. confidential defendant. Civil rights case against employer wherein a $125,000.00 settlement was obtained.

1999 Basterrechea v. CTHD. Defense of wrongful death suit against corporate defendant. Resolution through settlement.

1999 Kinard v. N.H.P. Civil rights case against employer wherein a substantial confidential settlement was obtained.

1996 Young v. Casebolt & Pacific Eagle Industries. A manufacturing defect in a product designed to shear off catalytic converters from automobiles caused amputation of fingers from my client’s dominant hand, making this twenty-two year old musician unable to play any of the five instruments he previously played, changing his life forever. The dangerous defects, which had resulted in at least three other hand injuries, could have been corrected for less than $15.00 per unit. This matter was filed in the Second Judicial District, State of Nevada. My client received a judgment in the amount of $3,494,705.83, which included punitive damages of $1,000,000.00.

1995 Simpson v. City of Reno. Plaintiff/Appellant counsel in age discrimination case wherein the Federal District Court dismissal was overturned by the Ninth Circuit. Confidential settlement reached after successful appeal.

1994 Pagni v. N.H.P. A Trooper suffered significant automobile injuries on the job and, after returning to work eight months later, received standard and above ratings for two years. The new N.H.P. Captain suggested certain "errors in judgment" of medical origin, removed the Trooper from duties, and later fired him with no medical justification or accommodation. Numerous actions were filed, including a writ of mandamus to the Supreme Court. The Supreme Court directed settlement negotiations. After being reinstated and receiving back pay, the Board of Examiners approved one of the highest settlements in the State's history.

1992 Schlang and Goodwin v. Key Airlines, Inc. This case was brought to trial in Federal Court, in Las Vegas, before the Honorable Roger Foley. The trial began in October, 1990 and concluded in February, 1991. The main issues at trial were wrongful termination of employment and violations of the Railway Labor Act for the employer's interference with the employees’ right to form a union. In July, 1992, Judge Foley awarded the Plaintiffs $500,000.00 in punitive damages.

1991 Palmer v. State of Nevada. This was a case of misrepresentation, sex discrimination and wrongful termination. The important aspect of this case is that the lower court dismissed a portion of the complaint due to the fact that the Plaintiff had not been issued a right to sue letter from the N.E.R.C. or E.E.O.C. prior to filing a lawsuit. The Plaintiff had been forced to file her lawsuit prior to receiving the right to sue letter in order to preserve her rights before her tort claims statute of limitations ran out. The Nevada Supreme Court ruled that the Plaintiff did not have to wait indefinitely for the N.E.R.C. to act to exhaust her administrative remedies if her statute of limitations would run out while she was waiting. The State ultimately paid a substantial amount of money to settle the matter.

1991 IBEW v. Kindred, et al. Represented the Defendants who were sued by the Union for non-payment of dues and for attempting to resign from the union. We then counter-sued the union for trying to keep its members in the union who wanted to resign. We won the counter-suit and we were awarded substantial attorney fees.

1990 American Bank Stationery v. Farmer. We represented John Farmer who was wrongfully terminated from his employment with American Bank Stationery, an American Standard subsidiary. The jury awarded Mr. Farmer $410,478.88. American Bank Stationery then appealed the decision. The Supreme Court upheld the lower court finding that Plaintiff had overcome the presumption of at-will employment.

1988 Alford v. Sands, et al. This is a case where a cocktail waitress was fired in retaliation for complaining to security that a bartender (who later became a manager) was rewashing and reusing the fruit in drinks, and violating other health code provisions. The jury awarded her nearly $260,000.00. The Defendants then noticed an appeal of the decision, but the matter was settled for a substantial sum.

Approximately 30 successful cases against various school districts since 1986 as well as representation of several charter schools.