John C. Stivarius, Jr. - Partner
stivarius@elarbeethompson.com
(404) 582-8423
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Practice Areas
John is a seasoned trial lawyer who advises and defends companies and employers in a wide-array of complex matters, including collective/class wage and hour actions dealing with employee misclassification, missed meal breaks and overtime, Title VII, §1981, ADEA, ADA and FMLA discrimination, harassment, and retaliation claims.  He also has vast and successful experience in lawsuits involving professional liability, business contracts, fraud, products liability, RICO, negligence, insurance and tort claims.  John has served as lead counsel in over fifty-four (54) jury trials during his 32 year career.  He also has extensive experience in arbitrations, mediations, grievance hearings and other forms of alternative dispute resolution.  Because of his litigation and trial experience, John is highly valued for his practical, preventative and cost-savings advice to clients.

Education
J.D., Emory University, 1980
B.S., University of Georgia, summa cum laude, 1977 (Analytical Chemistry, History)
B.S., University of North Carolina, 1975 (Chemistry)

Admitted to Practice
United States Courts of Appeal: Eleventh, Fifth, Sixth, Tenth and Fourth
United States District Courts of Georgia: Northern, Middle and Southern
United States District Courts of Tennessee: Western, Eastern and Middle
All Georgia and Tennessee State and Appellate Courts

Recent Experience
John was lead counsel for a company defending WARN Act and FLSA claims where class certification was sought.  He successfully defeated the class certification motion and secured the dismissal of the matter with prejudice.  John also recently defended a hospital in a pivotal FLSA lawsuit that challenged the hospital's entire pay system and involved millions of dollars in potential exposure.  He secured that case's dismissal on summary judgment and obtained a court order that could preclude other plaintiff's from challenging the pay practices at issue.  John has been the lead counsel on hundreds of employment discrimination cases, and has an excellent motion to dismiss, summary judgment, and trial record.  This past year, he secured the dismissal of a wrongful death case against a chemical manufacturer, without money changing hands, after he took the deposition of the utmost expert on hexavalent chromium exposure, who was working for the plaintiff.  John is currently lead defense counsel in a $180 million fraud case against a School Board and in a $355 million fraud case filed by Lloyd's of London against a life expectancy provider.

Professional Affiliations
American Bar Association
American Employment Law Council
DRI: Defense Research Institute

American Bar Association
American Employment Law Council
Georgia Defense Lawyers Association

Professional Liability Underwriting Society (PLUS)
Life Insurance Settlement Association (LISA)
Society for Human Resources Management (SHRM)

Accolades
For years, John has been recognized as a Top Trial and Employment Lawyer in Georgia by his peers as noted in Georgia’s Elite and Georgia’s Rated Top Lawyers