James B. Ellington

Headshots_0006_SouthCo_HullBarret_Headshots-1981
Headshots_0006_SouthCo_HullBarret_Headshots-1981

Partner

James B. Ellington

  • Successfully obtained summary judgment for defendant hospital in Title VII (Civil Rights Act of 1964) race discrimination case brought by physician, which was later affirmed on appeal (372 Fed. Appx. 51 (11th Cir. 2010)).
  • Obtained reversal on appeal of trial court’s order denying a public entity defendant’s motion for summary judgment in an action alleging death from police pursuit when a shoplifter fled a scene and caused a traffic accident (304 Ga. App. 149 (2010)).
  • Obtained summary judgment for a newspaper and reporter sued for defamation by an oral surgeon. Later affirmed by Georgia Court of Appeals. Newspaper and reporter were awarded recovery of attorney’s fees (278 Ga. App. 539 (2006)).
  • Obtained determination from Georgia Supreme Court that a county’s storm water utility charge was a constitutional fee, rather than an unconstitutional tax, under Georgia Constitution. This case established the right of governments to impose charges to recover for the environmental impact of development (278 Ga. 242 (2004)).
  • Obtained jury verdict of $1.45 million dollars in favor of manufacturer in international business dispute after one-week trial in federal court, which was later affirmed on appeal (362 F.3d 775 (11th Cir. 2004)).
  • Successfully defended employer in claim of discrimination by dismissed employee under the Americans With Disabilities Act (ADA), obtaining summary judgment (301 F.Supp. 2d 1333 (S.D. Ga. 2003)).
  • Successfully defended newspaper sued for invasion of privacy by obtaining summary judgment, which was affirmed by Georgia Supreme Court in case declaring the Georgia Rape Confidentiality Statute unconstitutional (274 Ga. 257 (2001)).
  • Successfully defended employer in Title VII case alleging hostile work environment and gender discrimination (102 F.Supp. 2d 1364 (S.D. Ga. 2000)).
  • Successfully defended public sector hospital in case brought by four former employees who alleged violation of free speech rights under 42 U.S.C. 1983 and unpaid overtime violations of the Fair Labor Standards Act (FLSA), by obtaining summary judgment, which was later affirmed on appeal (86 F.Supp. 2d 1214 (S.D. Ga. 1998), aff’d, 202 F.3d 288 (11th Cir. 1999)).
  • Obtained a reversal on appeal in case of reporter who had conducted a jailhouse interview with an accused under arrest for murder. The Georgia Supreme Court held that reporter did not have to testify and disclose confidential sources or unpublished newsgathering material. This case established a newsgatherer’s right of direct appeal of a lower court’s ruling denying application of a reporter’s privilege not to disclose such information (270 Ga. 680 (1999)).
  • Obtained summary judgment for manufacturer employer in Fair Labor Standards Act (FLSA) case brought in federal court alleging unpaid meal breaks (19 F.Supp. 2d 1375 (S.D. Ga. 1997)).
  • Represented numerous employers before EEOC in responding to charges of discrimination including claims of sexual harassment, retaliation, age, race, and gender discrimination.
  • Counseled employers in various areas of labor and employment law, including creation of employee handbooks and compliance with Fair Labor Standards Act (FLSA), employment discrimination law, and Family Medical Leave Act (FMLA).
  • Obtained summary judgement for manufacturer defendant on basis of judicial estoppel in state law employment case that was later affirmed on appeal. (342 Ga. App. 771(2017)).
  • Successfully obtained summary judgement for employer in Title VII discrimination case on grounds of judicial estoppel, which was affirmed on appeal (604 Fed. Appx. 875 (11th Cir 2015)).

Jim has handled cases involving virtually every aspect of labor and employment law and is the senior member of the firm’s Labor and Employment Law Group. His commitment to clients transcends current cases, as he frequently counsels clients on new changes in the law and how they will affect clients’ employee relations. Jim’s general civil litigation practice emphasizes employment litigation, governmental liability and public employment litigation, civil rights litigation and media and communications law. Jim has tried cases in federal and state courts in the areas of employment discrimination, liability under the Fair Labor Standards Act, civil rights, defamation, invasion of privacy, media access, commercial disputes and products liability. He has extensive federal and state appellate experience.

  • Litigation – First Amendment – Best Lawyers 2021-2022
  • Litigation – Labor and Employment – Best Lawyers 2021-2022
  • The Best Lawyers in America®2007 – Litigation: First Amendment Law, Litigation: Labor & Employment, and Employment Law
  • Georgia Super Lawyers – Employment & Labor (2010-2013, 2015-2018)
  • Litigation Counsel of America, Fellow
  • Martindale-Hubbell® AV® Preeminent™ Peer Review Rated (since 1996)
  • University of Georgia Blue Key Young Alumnus Award
  • Georgia Super Lawyers – Employment & Labor (numerous years)
  • Appellate Practice – Best Lawyers 2021-2022
  • Employment Law – Management – Best Lawyers 2021-2022

Augusta, Georgia

SunTrust Bank Building (7th Floor)
801 Broad Street Augusta, GA 30901
Office: 706.722.4481 | Fax: 706.722.9779
Hours: 9:00am-5:30pm

Appellate Law

Business Disputes, Commercial & Securities Litigation

Communications Law and Media Law

Discrimination and Harassment in the Workplace

Employee Leave

Employment Counseling & Handbooks

Employment Litigation

Intellectual Property Litigation

Non-Compete Agreements

Professional Liability Law

Wage and Hour Laws

Workplace Safety and Health

American Bar Association

Augusta Bar Association, Past Treasurer and Executive Board Member (2000-2001)

State Bar of Georgia’s Disciplinary Review Panel (2000-2009), Past Chair (2003-2004)

State Bar of Georgia’s Formal Advisory Opinion Board, Chair and Vice Chair

University of Georgia School of Law’s Board of Visitors (2006-2009)

University of Georgia Law School Association Council (1999-2006), Past President (2004-2005)

United States District Court for the Southern District of Georgia Advisory Committee (2009-2018)

Leadership Georgia

Leadership Augusta Executive Board

Wheel Movement CSRA, Inc., Board of Directors

United States District Court…. Committee (2009 – 2018)

University of Georgia, 1984, A.B., Economics and Political Science

Honors: Summa Cum Laude; First Honor Graduate; Phi Beta Kappa

University of Georgia School of Law, 1987, J.D.

Honors: Magna Cum Laude; Order of the Coif Honorary Scholastic Society; Executive Research Editor of The Georgia Law Review; Robert W.

Woodruff Scholar

State Bar of Georgia

Jim is admitted to practice before the U.S. Supreme Court; Sixth, Eighth and Eleventh Circuit Courts of Appeals; U.S. District Courts for the Southern, Middle and Northern Districts of Georgia and the Western District of Michigan; Georgia Supreme Court and the Georgia Court of Appeals.

Appellate Law

Business Disputes, Commercial & Securities Litigation

Communications Law and Media Law

Discrimination and Harassment in the Workplace

Employee Leave

Employment Counseling & Handbooks

Employment Litigation

Intellectual Property Litigation

Non-Compete Agreements

Professional Liability Law

Wage and Hour Laws

Workplace Safety and Health

American Bar Association

Augusta Bar Association, Past Treasurer and Executive Board Member (2000-2001)

State Bar of Georgia’s Disciplinary Review Panel (2000-2009), Past Chair (2003-2004)

State Bar of Georgia’s Formal Advisory Opinion Board, Chair and Vice Chair

University of Georgia School of Law’s Board of Visitors (2006-2009)

University of Georgia Law School Association Council (1999-2006), Past President (2004-2005)

United States District Court for the Southern District of Georgia Advisory Committee (2009-2018)

Leadership Georgia

Leadership Augusta Executive Board

Wheel Movement CSRA, Inc., Board of Directors

United States District Court…. Committee (2009 – 2018)

University of Georgia, 1984, A.B., Economics and Political Science

Honors: Summa Cum Laude; First Honor Graduate; Phi Beta Kappa

University of Georgia School of Law, 1987, J.D.

Honors: Magna Cum Laude; Order of the Coif Honorary Scholastic Society; Executive Research Editor of The Georgia Law Review; Robert W.

Woodruff Scholar

State Bar of Georgia

Jim is admitted to practice before the U.S. Supreme Court; Sixth, Eighth and Eleventh Circuit Courts of Appeals; U.S. District Courts for the Southern, Middle and Northern Districts of Georgia and the Western District of Michigan; Georgia Supreme Court and the Georgia Court of Appeals.

Augusta, Georgia

SunTrust Bank Building (7th Floor)
801 Broad Street Augusta, GA 30901
Office: 706.722.4481 | Fax: 706.722.9779
Hours: 9:00am-5:30pm

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Our Mission: Hull Barrett, PC is committed to delivering positive outcomes for its clients in an efficient and ethical manner through the employment of talented, skilled attorneys and an able support staff dedicated to professionalism, integrity, and client-focused results.