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Robert L. Abell

Robert Abell Law

37 years of experience
Employment Law, Workers' Compensation, Personal Injury ...
Colorado, Kentucky, New York

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Claimed Lawyer Profile

Biography

Good lawyering is a combination of communicating with particularly listening to clients and a clear-eyed assessment of their legal situation drawn from experience and expertise. The law should work for clients that work hard and play fair and by the rules. These clients are the best clients, and the ones I've been most proud to have represented and helped.

Education

Tulane University School of Law: J.D. (1987) | Law; 1984 - 1987; Honors: cum laude

University of Kentucky: B.A. (1983) | History; 1979 - 1983; Honors: With Distinction

Professional Experience

Trial Lawyer: Robert Abell Law; 1991 - Current

Public Defender: Legal Aid Society of New York City; 1989 - 1991

Associate: Greenebaum Doll & McDonald; 1987 - 1989

Intern Law Clerk: Hon. A.J. McNamara, U.S. District Court, EDLa; 1986 - 1987

Intern Assistant Dist. Attorney: Orleans Parish District Attorney; 1986 - 1987

Research Assistant: M. David Gelfand, Professor of Law; 1985 - 1987

Research Assistant: Center for Legal Studies on Intergovernmental Relations; 1985 - 1987

Publications

Articles & Publications

Governor Bevin Joins Suit Against New Overtime Rules: www.RobertAbellLaw.com; September 22, 2016

Tennessee Athletics Settles Sex Discrimination Claims $2.48 Million: www.RobertAbellLaw.com; July 6, 2016

Walmart Seeks Supreme Court's Help In Unpaid Wages Case: Robert Abell Law Blog; March 24, 2015

Gender Discrimination - Novartis Hit With Class Action: Robert Abell Law Blog; March 18, 2015

Lawyers Accused of Overcharging Their Clients (Dog Bites Man): ... and Justice for All; March 18, 2015

Ferguson -- Part of What We First Heard Was a Lie: ... and Justice for All; March 17, 2015

Retaliation - Is the Denial of Leave Proof of Retaliation?: Kentucky Employment Law Blog; March 17, 2015

Mortgage Loan Officers Overtime Rule Upheld by Supreme Court: Robert Abell Law Blog; March 15, 2015

Ferguson Assholes Open Fire on Police: ... and Justice for All; March 12, 2015

Ferguson, Missouri City Manager, John Shaw, Resigns in Wake of Scathing Justice Department Report: ... and Justice for All; March 11, 2015

Hack Judge, Ronald Brockmeyer, in Ferguson, Missouri Resigns: ... and Justice for All; March 10, 2015

"We close by noting our disappointment with Hospira's approach to summary judgment practice": Kentucky Employment Law Blog; March 5, 2015

Sheriff Employees Allege Sexual Favoritism, Retaliation: Robert Abell Law Blog; March 5, 2015

Must Employers Get the Lowest Fees for Employees 401k Plans?: Robert Abell Law Blog; March 4, 2015

Retaliation & Temporal Proximity - "We reject the idea that the passage of a particular amount of time between protected activity and retaliation can bar the claim as a matter of law.": Kentucky Employment Law Blog; March 4, 2015

False Claims Act - Disclosures during Government Audit Are Not a "Public Disclosure": Kentucky Employment Law Blog; March 2, 2015

Police Officer's Complaint About Quotas Are Protected Speech: Robert Abell Law Blog; March 1, 2015

Really a Manager? Misclassification & Overtime: Robert Abell Law Blog; February 28, 2015

An Employer Who Knows or Has Reason To Know That An Employee's Time Records Underreports Their Work Hours May Not Escape FLSA Liability Based on the Employee's Failure to Fully Report the Hours Worked: Kentucky Employment Law Blog; February 14, 2015

Technical Writers Seek Overtime: Robert Abell Law Blog; February 14, 2015

Nurses and Work Injuries: Robert Abell Law Blog; February 7, 2015

What Happens When USDA Gives Up on Food Safety Inspections?: ... and Justice for All; February 7, 2015

Punitive Damages Assessed for Corporate Wrongdoing are Deductible as "Ordinary Business Expense": ... and Justice for All; February 4, 2015

That Ain't the Law: the Dilemma Posed by "Unpublished" Opinions: ... and Justice for All; February 3, 2015

Retiree Benefits "Are Not A Form of Deferred Compensation" Supreme Court Rules, They Are ....: Kentucky Employment Law Blog; January 30, 2015

"Professionalism" A Medical School's Academic Judgment, Sixth Circuit Rules Taking Away Medical School Diploma: Kentucky Employment Law Blog; January 28, 2015

Stopping the Double-Cross: Equitable Estoppel and the FMLA: Kentucky Employment Law Blog; January 28, 2015

Toxic Pollution of Kentucky's Waters Approved by Sixth Circuit: ... and Justice for All; January 28, 2015

Temporal Proximity When the Employer Retaliates at the Earliest Opportunity, Although 15 Months Later: Kentucky Employment Law Blog; January 27, 2015

Wage Theft - 9 out of 10 Fast Food Workers Are Victims: Robert Abell Law Blog; January 27, 2015

More Than Six Months Between Protected Activity and Retaliation Does Not Preclude Causative Link, Sixth Circuit Again Emphasizes: Kentucky Employment Law Blog; January 26, 2015

Whistleblower - Supreme Court Rules In Favor of Air Marshal: Robert Abell Law Blog; January 26, 2015

Should Judges Be Able to Personally Solicit Campaign Contributions?: ... and Justice for All; January 25, 2015

What Happens When A Prosecutor Lies Under Oath and Presents Knowingly False Testimony From A Witness?: ... and Justice for All; January 24, 2015

Blood Money - South Carolina Killed A Mentally Disabled Inmate by Holding Him Naked in Solitary Confinement for 11 Days and Will Pay $1.2 Million: ... and Justice for All; January 12, 2015

Unjust Sentencing Guidelines and Ineffective Assistance of Counsel: ... and Justice for All; January 11, 2015

"Injustices That Are Going on Every Day in the Federal Courts": ... and Justice for All; January 6, 2015

Kentucky Supreme Court Affirms ALJ's Finding of Psychological Impairment: Kentucky Employment Law Blog; December 22, 2014

Damages in Kentucky Wrongful Termination Suits: Kentucky Employment Law Blog; December 21, 2014

Police Officers Bill of Rights Applies to All Complaints, Internal and Citizen, Kentucky Supreme Court Rules: Kentucky Employment Law Blog; December 19, 2014

Call Center Employees Seek Overtime Pay: Robert Abell Law Blog; December 18, 2014

Police Officers Bill of Rights Applies to All Complaints: Robert Abell Law Blog; December 18, 2014

Political Coercion in the Workplace - A Legacy of Citizens United: Kentucky Employment Law Blog; December 18, 2014

Wage Theft - $187 Million Verdict Against Walmart Upheld: Robert Abell Law Blog; December 18, 2014

Wage Theft - The Good Guys Win One in Braun v Walmart: Kentucky Employment Law Blog; December 18, 2014

Getting Paid for Work Done: Doesn't the Employer Define The Employee's Principal Activity?: Kentucky Employment Law Blog; December 13, 2014

What Is the Individualized Inquiry Required by the ADA?: Kentucky Employment Law Blog; December 12, 2014

Are FDA Experts Compromised? Money Doesn't Talk It Swears: ... and Justice for All; December 11, 2014

Pregnancy Discrimination in the Supreme Court: Kentucky Employment Law Blog; December 11, 2014

Time Spent Waiting In After-Shift Security Checkout Line Not Compensable, Supreme Court Rules: Kentucky Employment Law Blog; December 10, 2014

Noncompetes & Dog Walkers: Kentucky Employment Law Blog; December 3, 2014

The Pregnancy Discrimination Act and Justice Ginsburg Come Full Circle: Kentucky Employment Law Blog; December 2, 2014

Must a Plaintiff Sue Over the First Act of Discrimination or Forfeit Her Right to Sue Over Any Act of Discrimination?: Kentucky Employment Law Blog; December 1, 2014

Does a Defendant Forfeit Acceptance of Responsibility Credit, If He Contests the Application of a Role in the Offense Enhancement?: ... and Justice for All; November 29, 2014

Noncompetes & Low-wage Workers: Kentucky Employment Law Blog; November 26, 2014

The Grand Jury and Ferguson, Missouri: ... and Justice for All; November 25, 2014

The Ripples from Vance v. Ball State University: Kentucky Employment Law Blog; November 24, 2014

Overtime & Salaried Workers - So Why Did Overtime Disappear?: Kentucky Employment Law Blog; November 19, 2014

Outback Steakhouse Overtime Suit: Robert Abell Law Blog; November 17, 2014

"Pretext" In "Substantial Factor" and "Mixed-Motive" Cases: Kentucky Employment Law Blog; November 6, 2014

Do Innocent People Plead Guilty? Part 2: ... and Justice for All; November 4, 2014

FMLA - Measuring the Temporal Proximity Between the Exercise of FMLA Rights and Retaliation: Kentucky Employment Law Blog; November 3, 2014

Tort Reform Leads to More Medical Errors, Higher Healthcare Costs and No More Patient Care Physicians, Studies Conclude: ... and Justice for All; November 2, 2014

Corporations, Campaign Contributions, Lobbyists and State Attorney Generals .... and Justice for All: ... and Justice for All; October 30, 2014

Employer's Failure to File Alleged Arbitration Agreement In the Record Dooms Its Effort to Compel Arbitration, Sixth Circuit Rules: Kentucky Employment Law Blog; October 1, 2014

ERISA Plans May Have Two Types of Administrators: Kentucky Employment Law Blog; September 18, 2014

Case Managers - Exempt from Overtime?: Robert Abell Law Blog; September 15, 2014

Health Insurance Case Managers File Class Action for Unpaid Overtime: Kentucky Employment Law Blog; September 15, 2014

How Flexible Is the Similarly-Situated Employee Doctrine?: Kentucky Employment Law Blog; September 8, 2014

Independent Contractor or Employee - One Way to Steal Overtime: Robert Abell Law Blog; September 7, 2014

Wages & Overtime: Getting Paid What You've Earned: Robert Abell Law Blog; September 6, 2014

"They Just Want Somebody Younger" = Direct Evidence of Age Discrimination: Kentucky Employment Law Blog; September 5, 2014

An Employer Cannot Fire An Employee Because the Employee Refuses to Commit Perjury: Kentucky Employment Law Blog; August 25, 2014

FMLA: Equitable Relief Enough to Support Claim: Kentucky Employment Law Blog; August 20, 2014

Fraudulent Inducement; Did An Employer's Misrepresentations About Continuing Healthcare Insurance Convince an Employee to Work for Free?: Kentucky Employment Law Blog; August 18, 2014

How Did Sex Discrimination Get Included in the Civil Rights Act?: Kentucky Employment Law Blog; July 27, 2014

The Gender Wage Gap: An Infographic: Kentucky Employment Law Blog; July 13, 2014

Lane v. Franks: Even Though It Would be A Crime, Supreme Court Rules that Public Employer Is Entitled to Qualified Immunity From Any Damages: Kentucky Employment Law Blog; June 23, 2014

Noncompete Agreements: Are They Proliferating for No Good Reason?: Kentucky Employment Law Blog; June 10, 2014

False Claims Act: Sixth Circuit Rejects Arbitration of Retaliation Claims: Kentucky Employment Law Blog; May 27, 2014

Does a New Arbitration Agreement Apply to an Already Pending Lawsuit?: Kentucky Employment Law Blog; May 17, 2014

FMLA: A "Strong Presumption In Favor of Liquidated Damages" Says the Eighth Circuit: Kentucky Employment Law Blog; May 14, 2014

Shift Supervisors and Overtime Pay: Kentucky Employment Law Blog; May 5, 2014

ADA: How To Tell Whether a Job Function Is Essential: Kentucky Employment Law Blog; April 29, 2014

ADA: An Employer's Good Faith Obligation: Kentucky Employment Law Blog; March 3, 2014

ADA: Determining What Is an "Essential Function" Of a Job: Kentucky Employment Law Blog; February 28, 2014

Pregnancy Discrimination: Who Is Similarly-Situated?: Kentucky Employment Law Blog; December 30, 2013

Pregnancy Discrimination: Do Pregnancy-Related Restrictions Mean That The Employee Is No Longer Qualified For Her Job?: Kentucky Employment Law Blog; December 27, 2013

The Conduct of a Nondecisionmaker May Be Probative of Whether an Adverse Action Was Motivated by Discrimination: Kentucky Employment Law Blog; December 3, 2013

Who Are Comparable Employees In A RIF Case?: Kentucky Employment Law Blog; December 2, 2013

"It Strains Credulity to Imagine That the Qualifications for a Sales Position ... Are Unrelated to Demonstrated Sales Ability," Sixth Circuit Observes in Reversing Summary Judgment: Kentucky Employment Law Blog; December 1, 2013

Is Wage Theft A National Epidemic?: Kentucky Employment Law Blog; November 13, 2013

Kentucky Supreme Court Ethics Rules for Lawyers Do Not Represent Public Policy, Sixth Circuit Rules: Kentucky Employment Law Blog; November 12, 2013

FMLA Retaliation: What Is An "Adverse Employment Action?": Kentucky Employment Law Blog; October 7, 2013

What Is An Equivalent Position Under the FMLA?: Kentucky Employment Law Blog; October 1, 2013

Employee Cannot Waive Claims Under the Equal Pay Act, Sixth Circuit Rules: Kentucky Employment Law Blog; August 27, 2013

In Farmer Case, We Could Push Law So Far to Criminalize Politics: Lexington Herald-Leader; April 30, 2013

The Executive, Administrative & Professional Exemptions to the Overtime Requirement: Kentucky Justice Association; January, 2010

Tort Reformers Want Cruel Cure for Fictional Ill: Lexington Herald-Leader; January 4, 2010

There You Go Again: Admissibility of Other Bad Evidence Under KRE 404(b): Kentucky Justice Association; May, 2009

Ask An Attorney Questions, Demand Straight Answers: Lexington Herald-Leader; March 2, 2009

Law Helps Workers Recover Fair Pay: Lexington Herald-Leader; February 10, 2009

Congress Must Fix Inequitable Drug Sentences: Lexington Herald-Leader; February 14, 2005

Liability Suits Are Path To Justice: Lexington Herald-Leader; February 28, 2000

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Latest Posted to JD Supra

Awards

Kentucky Super Lawyers: Super Lawyers; 2015

Kentucky Super Lawyers: Super Lawyers; 2014

Kentucky Super Lawyers: Super Lawyers; 2013

Kentucky Super Lawyers: Super Lawyers; 2012

Kentucky Super Lawyers: Super Lawyers; 2011

Kentucky Super Lawyers: Super Lawyers; 2010

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Professional Associations

National Employment Lawyers Association: 1998 - Current

American Association for Justice: 1994 - Current

Kentucky Justice Association: 1994 - Current

National Association of Criminal Defense Lawyers: 1994 - Current

Kentucky Bar Association # 82253: 1987 - Current

The Association of the Bar of the City of New York: 1989 - 1992

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Jurisdictions Admitted to Practice

Colorado
Since 1988

Kentucky
Since 1987

New York
Since 1990

4th Circuit
Since 2002

6th Circuit
Since 1988

Federal Circuit
Since 1994

U.S. District Court, EDKY
Since 1988

U.S. District Court, WDKY
Since 1987

U.S. Supreme Court
Since 1994

Fees

Free Consultation
In some instances and not as a matter of general policy.
Contingent Fees
The terms of a contingent fee agreement vary depending upon factors particular to the client and the case.

Practice Areas

Employment Law: Employee Benefits, Employment Contracts, Employment Discrimination, ERISA, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination

Workers' Compensation

Personal Injury: Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death

Insurance Claims: Bad Faith Insurance, Business Insurance, Disability Insurance, Health Insurance, Life Insurance, Motor Vehicle Insurance, Property Insurance

Additional Practice Areas