Courtney B. Wilson
A skilled litigator with over 35 years of first chair trial and appellate experience, Courtney B. Wilson has tried employment cases before judges, juries and arbitrators throughout Florida, appearing in all state and federal trial courts and in administrative proceedings. In addition, he has handled multiple appeals in the United States Supreme Court, in multiple Circuit Courts of Appeal and in the state appellate courts throughout Florida. Courtney’s practice includes:
- Prosecuting and defending noncompete, unfair competition and trade secret claims
- Litigating complex employment contract claims
- The Employee Retirement Income Security Act (ERISA) litigation including class action
- Appellate practice
- Defending public accommodation claims under Title III of the Americans With Disabilities Act including physical facilities and websites
- Independent contractor/employee misclassification claims
- Enforcement of arbitration agreements and class waivers
Courtney's experience ranges from representing small employers defending single plaintiff cases to acting as lead counsel for a Fortune 10 multi-national corporation in a nationwide class action. For example, Courtney successfully defended a major multi-national technology company in several class actions, and secured a precedent-setting appellate court decision holding on-demand service providers were correctly classified as independent contractors.
Courtney chairs Littler’s Appellate Practice Group and previously chaired its Appellate Practice & Procedure Sub-Group. Courtney is a core member of Littler’s Unfair Competition & Trade Secrets Practice Group and also founded Littler’s Americans with Disabilities Title III (public access) Practice Group.
Prior to joining Littler, Courtney served in several leadership roles with the Labor and Employment Law Section of the Florida Bar, serving as Chair of the Section in 2002-03, and he developed the initial standards for board certification of labor and employment lawyers in Florida.
In 2000, Courtney was one of only five Miami lawyers recognized in The Best Lawyers in America© in the category of Labor and Employment Law, and he has been selected for inclusion in every edition over the last 25 years.
Selected Matters
- McGillis v. Dep't of Econ. Opportunity, 210 So. 3d 220 (Fla. Dist. Ct. App. 2017): Uber driver was properly classified as an independent contractor and not an employee.
- Reliance Wholesale, Inc. v. Godfrey, 51 So. 3d 561, 565 (Fla. Dist. Ct. App. 2010): Independent covenants provision negated former employee’s ‘prior breach’ defense to enforcement of noncompete agreement.
- Infinity Home Care, L.L.C. v. Amedisys Holding, LLC, 180 So. 3d 1060, 1063 (Fla. Dist. Ct. App. 2015): ‘Referral sources’ for home health services are a protectable interest warranting enforcement of former employee’s noncompete agreement.
- Aerotek, Inc. v. Zahn, 625 F. App'x 394 (11th Cir. 2015): Each day competitor knowingly continues to employ former employee in violation of noncompete is a separate breach.