Discrimination/Harassment/Retaliation
Summary judgment against each of ten plaintiffs jointly alleging national origin discrimination against casino.
Obtained dismissal of OFCCP complaint alleging disability discrimination against automotive manufacturer.
Summary judgment on race discrimination and harassment claims against automotive manufacturer, affirmed on appeal on judicial estoppel grounds; certiorari denied by the Supreme Court.
Summary judgment for financial institution on FMLA, age, gender and retaliation claims, affirmed by Sixth Circuit Court of Appeals.
Successfully defended workers’ compensation retaliation claim brought against engineering company, who had discharged the plaintiff for breaching common law duty of loyalty in urging co-workers to join his competing business.
Summary judgment for automotive manufacturer (and defeated plaintiff’s motion for summary) in lawsuit alleging disability discrimination, retaliation, hostile work environment; affirmed on appeal.
Summary judgment for automotive manufacturer in age discrimination and failure to promote lawsuit in which employee alleged he was unlawfully denied 15 promotions.
Successfully defended False Claims Act retaliation claim against automotive manufacturer.
Leave of Absence/Accommodation
Obtained voluntary dismissal by plaintiff alleging disability discrimination following deposition of plaintiff.
Successfully defended against claims of FMLA interference and retaliation and ADA disability discrimination against mortgage lender.
Summary judgment for automotive manufacturer in FMLA retaliation and ADA discrimination and harassment lawsuit alleging that plaintiff was publicly mocked for FMLA use and disability.
Summary disposition of disability discrimination, FMLA, and workers’ compensation retaliation claims against Tier One supplier that discharged employee for poor attendance.
Wage and Hour
Summary judgment for municipality, dismissing claims brought by 25 deputy sheriffs, who sought overtime pay under the FLSA for all time in which they carried their pagers and were “on call;” affirmed by Sixth Circuit and certiorari denied by the Supreme Court.
Successfully negotiated resolution of unpaid overtime claims with the U.S. Department of Labor on behalf of a painting contractor.
Obtained favorable outcome for meat packing company with the Department of Labor regarding miscalculated overtime pay.
Obtained finding from U.S. Department of Labor that no additional wages were owed to employees by logistics company in response to claim alleging unpaid overtime arising out of COVID bonuses.
Obtained voluntary dismissal of claim for unpaid overtime in lieu of responding to motion for summary judgment on behalf of industrial design firm.
Section 1983 Claims
Summary judgment for school district, upheld on appeal, finding that First Amendment did not protect former employee because the school district’s interests in efficient and effective operations outweighed the plaintiff’s interest in complaining about curricular decisions.
Summary judgment for municipality, dismissing claim by former City Corporation Counsel alleging First and Fourteenth Amendment violations arising from her resignation for unprofessional comments; affirmed on appeal.
Unfair Competition
Obtained preliminary injunction restraining former management employee from working for competitor and soliciting customers.
Obtained preliminary/permanent injunctions restraining former employee from soliciting clients and using confidential information.
Class Actions
Defeated class action motion in state law overtime lawsuit filed by national plaintiff’s law firm against home healthcare company, resulting in modest settlement.
Labor Relations
Defeated unfair labor practice charges filed against airport authority; ALJ recommended dismissal of the charges because employee failed to state a claim and because the charges were outside the six-month statute of limitations.
Successfully defended Tier One automotive supplier in numerous labor arbitrations involving contract interpretation and discipline/discharge grievances.
Obtained dismissal of unfair labor practice charge filed with the NLRB, claiming that two employees had been disciplined/discharged for attempting to form a new bargaining unit.
Successfully defended manufacturer against NLRB unfair labor practices charge, after company unilaterally modified its random drug testing policy.
Prevailed in arbitration of holiday pay grievance for skilled nursing facility against allegations that past practice conflicted with language of the collective bargaining agreement.
Defeated union organizing drive at warehousing and logistics company.
Successfully defended manufacturing company in grievance arbitration of discipline issue in which the seriousness of the employee’s offense justified jumping step of progressive discipline.
