Kenneth A. Weber - Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Kenneth A. Weber

Listed in Best Lawyers since 2011
Phone: 615-726-7369

Kenneth A. Weber, shareholder in the Nashville office, concentrates his practice in labor and employment law and ERISA litigation. Mr. Weber is a trial lawyer who has participated in over 50 trials and injunction hearings, including more than 10 jury trials as "first chair."

Middle Tennessee State UniversityBS 1988University of Tennessee at KnoxvilleJ.D. 1992
Defense Research Institute (DRI); Employment Law Committee and Life, Health and Disability CommitteeEEO Committee of the Labor and Employment Law Section of the American Bar Association Tennessee, Nashville and American Bar Associations

Case History

Employment Law — Mr. Weber defends the full range of employment discrimination and harassment claims; retaliation and whistleblower claims; employment contract claims; wage and hour claims, including several FLSA collective actions; and he represents employers and executives in non-compete and trade secret litigation.

Representative Cases 

  • Sherk v. ADESA Atlanta, LLC, 432 F.Supp.2d 1358, (N.D.Ga. 2006) (Summary judgment for employer on harassment/retaliation claims)
  • Crum v. Tyson Fresh Meats, 390 F.Supp.2d 658 (M.D.Tenn. 2005) (Summary judgment for employer on race discrimination/harassment/retaliatory discharge claims)
  • Overnite Transp. Co. v. Teamsters Local Union No. 480, 172 S.W.3d 507 (Tenn. 2005) (Tennessee Supreme Court opinion in favor of employer in strike violence lawsuit)
  • Belcher v. Shoney’s, Inc., 30 F.Supp.2d 1010 (M.D.Tenn. 1998) (FLSA collective action)

Mr. Weber also frequently counsels employers on litigation avoidance and compliance strategies, provides general employment law advice and training, drafts employment contracts and policies and represents employers during Department of Labor and EEOC investigations.

ERISA Litigation — Mr. Weber's ERISA litigation experience includes defending institutional plan and/or claim administrators as well as employers in cases involving the denial of employee benefits, breach of fiduciary duties and related claims.

Representative Cases

  • Hannah v. American Republic Ins. Co., 416 F.Supp.2d 605 (W.D.Tenn. 2006) (Summary judgment for employer on claims for ERISA interference and wrongful denial of benefits)
  • Storms v. Aetna Life Ins. Co., 2005 WL 2175997 (6th Cir. 2005) (Judgment in favor of claims administrator on long term disability claim)

Office Location

Baker Donelson Center, Suite 800
211 Commerce Street
Nashville, TN 37201
United States

Practice Areas

Employment Law - Management
Litigation - ERISA
Litigation - Labor and Employment