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Kelly Fitzgerald Pate

Partner Montgomery
(334) 269-3130
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Education
  • The University of Alabama
    B.A., 2001, Communications and Information Sciences, cum laude
  • Cumberland School of Law
    J.D., 2004, magna cum laude
Bar Admissions
  • Alabama, 2004
About Kelly
Q&A
  • What types of clients do you represent?

    Legal obligations often vary based upon the size of the workforce and the type of business entity at issue. I represent employers of all sizes, including private companies and public entities.

  • What type of matters do you work on most often?
  • What do you find most exciting about your work?
  • Which courts or agencies do you most often appear before on behalf of your clients?
MORE ABOUT Kelly
  • Successful motion to dismiss claims of discrimination and retaliation based on constructive discharge, age discrimination, state and federal whistleblower retaliation, and state claims of breach of implied contract and the tort of outrage. (Birl-Johnson v. Regions Bank, No. 14-cv-1059, 2015 U.S. Dist. LEXIS 120982 (M.D. Ala. Sept. 11, 2015)).
  • Successful appeal affirming sovereign immunity defense as to state and federal law challenges. (Alabama v. PCI Gaming Auth., 801 F.3d 1278 (11th Cir. 2015)).
  • Successful motion to dismiss in public university student expulsion case. (Cagle v. Rubley, No. 14-cv-04, 2014 U.S. Dist. Lexis 148887 (M.D. Ala. Oct. 20, 2014).
  • Successful defense in case alleging age and race discrimination. (Davis v. International Paper Co., 997 F. Supp. 2d 1225 (M.D. Ala. 2014)).
  • Successful motion to dismiss in employment layoff case. (McCray v. Auburn Univ. Montgomery, No. 11-cv-714, 2012 U.S. Dist. Lexis 32388 (M.D. Ala., Mar. 12, 2012)).
  • Successful defense in tenure denial case. (Martin v. Auburn Univ. Montgomery, 908 F. Supp. 2d 1259 (M.D. Ala. 2012)).
  • Successful defense in public university case alleging student’s dismissal violated the First and Fourteenth Amendments. (Heenan v. Rhodes, 757 F. Supp. 2d 1229 (M.D. Ala. 2011)).
  • Successful defense of statute challenged as unconstitutional. (Northington v. Ala. Dep't of Conservation & Natural Res., 33 So. 3d 560 (Ala. 2010)).
  • Successful defense on basis of immunity against efforts to seek declaratory and injunctive relief. (Freemanville Water Sys. v. Poarch Band of Creek Indians, 563 F.3d 1205 (11th Cir. 2009)).
        Education
        • The University of Alabama, B.A., 2001, Communications and Information Sciences, cum laude
        • Cumberland School of Law, J.D., 2004, magna cum laude
        Courts
        • U.S. District Court, Middle District of Alabama
        • U.S. District Court, Northern District of Alabama
        • U.S. District Court, Southern District of Alabama
        • U.S. Court of Appeals, Eleventh Circuit
        Bar Admissions
        • Alabama, 2004
        Professional Affiliations
        • MD AL Federal Bar Center, Board of Directors, 2014 - present
        • Federal Bar Association, Appellate Law and Practice Committee, Chair, 2014 - present; Vice-Chair, 2013 - 2014
        • Alabama State Bar Leadership Forum, Class 8, 2012
        • Middle District of Alabama Pro Se Assistance Program, Director, 2014 - present
        • Montgomery Chapter, Federal Bar Association, Executive Board, 2007 - present; Past President, 2012 - 2013, Past Secretary/Treasurer, 2010 - 2012
        • Montgomery County Bar Association, Young Lawyers Section, Executive Board, 2006 - 2010
        • Hugh Maddox American Inn of Court, 2006 - present
        • Federal Bar Association, 2006 - present
        • Alabama State Bar Association, 2004 - present, committee and group affiliations: Leadership Forum Section, Litigation Section, Young Lawyers Section, Future of the Profession in Alabama Task Force, 2014 - 2015; Law Day Committee, Chair, 2014 - 2015; Law Day Committee, Vice-Chair, 2013 - 2014
        • Federal Bar Association
        • Alabama Defense Lawyers Association, 2006 - 2015
        • American Bar Association, 2004 - 2014
        • Defense Research Institute, 2006 - 2014

         

        Awards & Accolades
        • The Best Lawyers in America, Employment Law – Management, Litigation – Labor and Employment, 2015 - present
        • Benchmark Litigation, Top Litigator Under 40, 2016
        • AV Preeminent Martindale-Hubbell, 2015 - present
        • Mid-South Super Lawyer, Rising Star, 2013 - present
        Community Involvement
        • Auburn University at Montgomery, Community Business Education Partners Project, Outreach, academic year 2014 - 2015
        • Family Sunshine Center, Board of Directors, 2015 - present
        • Britton YMCA, Board of Directors, 2007 - present
        • Hope Inspired Ministries, mentor, 2015 - present
        • Society of Human Resource Management-Montgomery, Board of Directors, 2007 - present; Membership Chair, 2009, President, 2010
        • Junior League of Montgomery, 2007 - present; Board of Directors, Governance, 2015 - present
        • Montgomery Chamber of Commerce, Total Resources Campaign, volunteer, 2009 - present
        • Curia Honoris Honor Society for alumni of Cumberland School of Law, 2005 - present

         

        Clerkships
        • U.S. Court of Appeals, Eleventh Circuit, Honorable Joel F. Dubina