Experience
Representation Before the EEOC and State Fair Employment Practices Agencies
We have represented our client, a provider of transportation management services, in a number of matters before the EEOC and State Fair Employment Practice agencies across the country. The issues involved race discrimination, sex discrimination, national origin discrimination and retaliation charges. We received no probable cause dismissals in 18 charges during the previous two years.
Walsh v. Emery Worldwide Airlines, S.D. Ohio
Plaintiff, who was a pilot for Emery World wide Airlines, alleged he was terminated in violation of the Americans with Disabilities Act. The total amount at issue was in excess of $100,000. The case was tried to a jury, which returned a defense verdict dismissing the entire case.
Baron v. Watson Pharms., Inc.
Breach of Employment Contract, Wrongful Discharge in Violation of Public Policy, and Age and Disability Discrimination. The total amount at issue was in excess of $100,000. The district court dismissed Plaintiff Complaint on summary judgment finding that plaintiff failed to establish he had an employment contract and failed to establish that he reasonably and detrimentally relied on any promises by Watson that his employment would be for a specific duration. The court also found that Plaintiff was not disabled even though he had a heart attack.
Carla Cornicelli v. Large National Insurance Company
Plaintiff brought an employment intentional tort claim after she was jailed on contempt charges by a judge for failing to attend a settlement conference as an insurance adjuster.
McDowell v. GE Pension Plan, S.D. Ohio
Breach of Employment Contract, Wrongful Discharge in Violation of Public Policy, and Age and Disability Discrimination. The total amount at issue was in excess of $100,000. Dismissed upon motion for summary judgment. In granting GE summary judgment, the court concluded that the pension board was not arbitrary or capricious in its determination that the injured party was capable of performing her occupation as a value engineer. The injured party carried the burden of establishing that she was permanently incapacitated for work as a value engineer. The overwhelming evidence before the pension board indicated that the injured party was able to resume work as a value engineer and specified that she was not permanently disabled. The court also concluded that, contrary to the injured party's contention, the pension board was not obligated to follow the Social Security Administration's decision to award the injured party total and permanent disability benefits.
Sue Spencer v. Feather, Inc.
Our firm won a defense verdict at a jury trial on behalf of our client, Feather, Inc., who had been sued by the plaintiff on Title VII claims for same sex harassment and retaliation.
Sandra Hodges v. Psychiatric Professional Services, Inc.
Received summary judgment on plaintiff's age discrimination, gender discrimination, FMLA retaliation, promissory estoppel, and violation of public policy claims. Granted summary judgement on all claims by S.D. Ohio, affirmed by Sixth Circuit Court of Appeals.
Karen Brown v. OPW Fueling Components and Dover Corporation
Plaintiff brought suit against our client, a manufacturer of fueling components, alleging discrimination and retaliation. The Company's Motion for Summary Judgment was granted.
Shepherd v. Rite Aid of West Virginia, Inc.
We obtained summary judgment in a case involving the Plaintiff, who claimed that she was discriminated against on the basis of her gender, race, and that she was wrongfully terminated in violation of public policy after failing a drug test. She alleged that the drug test itself was against public policy concerning drug testing of current employees. The circuit court granted our client summary judgment on the wrongful termination issues. The Plaintiff then filed a writ of mandamus, requesting that the Supreme Court of Appeals in West Virginia accept the appeal. the Court, 5-0, rejected the Plaintiff's request. Because the gender and race claims hinged on the wrongful termination claim, the Plaintiff dismissed those claims.
- Page 2 of 2