Employment

Experience

Allegations of Wrongful Termination by Ex-Employee of Medical Device Manufacturer

When a medical device manufacturer faced allegations of wrongful termination from an ex-employee, they turned to Dinsmore. The plaintiff was an engineer who was originally hired by the client to serve as a project manager. Upon hiring the plaintiff, the terms of his employment were laid out in an employment contract, which also contained deadlines for the completion of various projects. After nearly a year of employment, it was determined that the plaintiff had not met the required deadlines, and he was terminated. The plaintiff alleged he was wrongfully terminated and filed 10 claims against the client, including alleged violation of public policy, breach of contract and age discrimination. We filed a motion for summary judgment, which was granted on nine claims. For the remaining claim of violation of a public policy, we prepared the matter for trial, including managing discovery and taking depositions. On the first day of the trial, before proceedings officially began, we negotiated a settlement favorable to our client, enabling them to avoid litigation.

Christine Skidmore v. Affordable Denture Laboratories

The plaintiff claimed she was the subject of sexual harassment and a hostile work environment created by the lewd comments, dirty jokes and sexual overtures from her supervisor; that her complaints were ignored; and that she was thereafter constructively discharged. This case was settled on favorable terms to the client.

Halma Acquisitions

Growing a business is challenging, even with the opportunities offered by today’s global marketplace. Expanding your product and service offerings to your customers requires a strategic vision and focused plan, as well as the resources to pull it all together.

Halma, p.l.c., is an international group of technology companies with its headquarters outside of London, England. Halma has worked with Dinsmore for nearly 25 years. In that time, Dinsmore has represented Halma through a multitude of acquisitions, both domestically and abroad, as Halma has grown to become a global leader in health and safety technology.

When the opportunity recently arose to acquire two companies to boost Halma’s Health and Analysis sector, the company again turned to Dinsmore for counsel. The acquisitions of California-based Sensorex, Inc. and Pennsylvania-based Accutome, Inc., offered myriad challenges. As the deals progressed, it appeared Halma would be able to announce the closings of both transactions to the Stock Exchange on the same day.

Our team worked to structure the asset purchase of Sensorex for $37.5 million and the stock purchase of Accutome for an initial payment of $20 million, handling everything from negotiating and drafting the documents to managing the legal due diligence for both transactions. We assisted Halma with the intellectual property, benefits and employment components of each deal and assisted with all details of closing.

On the Accutome deal, we were faced with the unique task of sequentially structuring the deal to comply with tax law related to the acquisition of Accutome’s Dutch subsidiary. Because of the tax implications of acquiring a subsidiary through one Halma affiliate, while acquiring the parent company through another affiliate, we were asked to ensure that the transaction involving the subsidiary was closed before the U.S. transaction was completed. This required that we coordinate compliance with Dutch requirements in real time, in order to complete the transaction prior to opening of the European markets.

Accutome is primarily known for designing diagnostic equipment used to identify eye conditions and for innovative surgical instruments. Sensorex, a manufacturer of electrochemical water sensors, will enable Halma to enhance its water analysis and water quality programs. Assisted by Dinsmore’s counsel, Halma continues to grow and expand its product offerings to clients and position itself as an industry leader.

Stepping to the Plate for “America’s Game”

Client: USA Baseball
Stepping to the Plate for “America’s Game”

Baseball is about as “American” as you can get, and USA Baseball has been the national governing body for amateur baseball since 1978, including representing the United States as a member of the U.S. Olympic Committee and internationally as a member of the World Baseball Softball Confederation.  

“Our first interaction with Dinsmore was in the area of IP and trademark protection, but as our organization and needs have changed, our counsel has not,” said Paul Seiler, Executive Director/CEO of USA Baseball.

“That’s due to the fact Dinsmore is a full service team that provides for all of our legal needs, from contract work to real estate guidance to sponsor relations. This allows USA Baseball to be connected across all of our business units with a common and knowledgeable firm that understands who we are, in all facets of our operations,” he added.  


Dinsmore serves as USA Baseball’s outside general counsel and handles all legal issues for the organization, including intellectual property, data protection, corporate, litigation, employment and finance.  Among recent work, Dinsmore provided legal support to USA Baseball’s efforts to develop and implement a performance standard for non-wood bats used in youth baseball.  This work began several years ago and, ultimately, reached a variety of legal areas including intellectual property, corporate, licensing, insurance and agreement work.  The performance standard was announced on August 7, 2015, and on January 1, 2018, USA Baseball’s National Member Organizations will require non-wood youth bats meet the performance standard, which will be indicated by the USA Baseball trademark on bats that have passed performance testing.  

“One of our former board members had a saying, ‘You do business with your friends.’  And while perhaps not always literal or possible in business, in this case it is,” Seiler said.  “Our decision to have Dinsmore represent USA Baseball is based on the relationship we have, as well as for the quality counsel provided on a daily basis.”  


As the national governing body of amateur baseball, USA Baseball engages with nearly every major national amateur baseball organization in America, which equates to millions of amateur players in ballparks and playgrounds across the country. The organization also promotes and develops the game on a grassroots level nationally and internationally.  Dinsmore attorneys have assisted the organization with finance and real estate work related to further development of USA Baseball’s National Training Complex in Cary, North Carolina.

“The great thing about our relationship with Dinsmore is that we know our best interests are always being looked out for.  We never feel like we are just a client.  For that matter, I don’t think we even use that word (client) when referencing our partnership,” Seiler said.  “Dinsmore is an impactful brand in the legal world, yet it would be hard to argue that we have a more personal relationship with anyone we do business with.”

"One Source" for Shared Success

Client: Castellini Group of Companies
"One Source" for Shared Success

Growing, nurturing and providing fresh produce is not without challenges, from accounting for the weather to managing transportation to ensuring quality and safety. However, when those challenges cross over into the legal realm, Castellini Group of Companies knows they have a trusted partner in Dinsmore.

“Coordination is very important in our business because we have so many different facets that need to come together for success,” said Bill Schuler, President and CEO of Castellini. “Dinsmore understands that, and they work with us in a number of areas to make sure our business continues to thrive.”

Having started as a small fruits and vegetables supplier more than 100 years ago, Castellini has grown to become one of the largest produce suppliers in the country. Through it all, Schuler says Dinsmore has been by their side, advising on everything from real estate transactions and complex financings to corporate structure and supply chain matters to labor and employment issues. Drawing on a wealth of institutional knowledge, Dinsmore attorneys have provided the targeted counsel and insight Castellini has needed to continue to grow and evolve over the years.

Castellini’s success has been fueled by their motto of “One Source,” as they have become a one-stop-shop for their customers’ complete produce needs. Similarly, Dinsmore has become Castellini’s one source legal adviser and collectively we’ve been able to share success.

Outside General Counsel to a Growing Brand

Client: MadTree Brewing
Outside General Counsel to a Growing Brand

When Kenny McNutt, Brady Duncan and Jeff Hunt had a dream to open their own craft brewery, they sought legal guidance from Dinsmore. By the time Cincinnati’s MadTree Brewing opened in 2013, our attorneys had already played a significant role in its development – from helping to raise the original capital to structuring and executing loan financing. 

“Dinsmore gives peace of mind and guides us through murky waters,” said McNutt. “They’re reputable, and I always know I get the best answer for the information available at the time.”


Today, Dinsmore serves as MadTree’s outside general counsel, advising on contracts, real estate, trademark, employment matters, securities and other legal needs as they arise.

“They have every facet we need, and they’re super easy to work with,” added McNutt.  “I recommend them whenever anyone asks. They’re trustworthy, really, really good and well worth the peace of mind.”


MadTree was the first modern craft brewery to can its beer in Ohio, and, within four short years, the brewery had grown so significantly they opened an $18 million facility to accommodate larger crowds and increased demand for production. Dinsmore attorneys were with them every step of the way.

Enforcement of Non-Compete Agreements Against Former Employees

This case involved enforcement of noncompetition and non-solicitation agreements against former employees who violated their employment contracts when they solicited numerous clients to switch brokerage companies. We successfully enforced the noncompetition and non-solicitation agreements on behalf of our client, the aggrieved insurance brokerage company, then obtained a favorable monetary settlement for our client.

Representation of International Malt Beverage Manufacturer

Representation of client over last 20 plus years on issues pertaining to distributors, distributorship acquisitions, advertising, employment and labor-related issues, antitrust (Kentucky tied house issues), and regulatory issues governed by Kentucky Department of Alcohol Beverage Control

Representation of Denominational Foundation and Trust Company

Representation of 200-year old, $1.6 billion denominational foundation, with wholly-owned trust company on issues pertaining to structure, governance, trust, endowments, charitable gift annuities, mutual funds, registered investment adviser issues, and employment matters

Representation of Supplemental Insurance and Benefits Company

Kentucky representation of major supplemental insurance and benefits company, including regulatory work, arbitrations, advertising issues and defense of lawsuits

Representation of Institution of Higher Education

Representation of theological institution and institution’s board on major contract, corporate and senior management issues

Abels v. Kaiser Aluminum & Chemical Corp. et al., (S.D. W.Va. 1993)

Co-counsel representing large aluminum manufacturers against class action claims filed on behalf of over 300 employees who were laid off and never recalled to work. The plaintiffs asserted that the defendants violated § 510 of ERISA by terminating them in order to prevent vesting of their employee benefit plans, and sought job reinstatement and massive awards damages for lost wages and lost benefits, as well as punitive damages. In ruling of the defendants’ pretrial motions, the court denied class certification, concluded that § 510 did not provide a right to extra-contractual relief or punitive damages in an ERISA action seeking enforcement through § 502(a), and held that the employees did not have a right to a jury trial. The parties then settled the case on terms viewed as very favorable by Kaiser and Ravenswood.

Affirmative Action Matters

We represent one of the nation's largest distributors of fresh produce with respect to affirmative action matters.  We have drafted affirmative action plans to the Company during the previous few years.  In addition, during the last 12 months we have successfully handled an Office of Federal Contract Compliance Programs ("OFCCP") audit.

Allegations of Employment Discrimination Relating To FMLA

We represented an employer that operates a hotel in suburban Cincinnati, Ohio in an employment discrimination lawsuit. The Plaintiff asserted alleged violations of the FMLA. The case went to trial in the Southern District of Ohio. The Plaintiff sought in excess of $250,000 from the jury, plus attorney fees. Through effective presentation of the evidence and cross-examination of witnesses, we were able to limit the jury’s verdict to only $10,000.

Anonymous Plaintiff v. Health Care Facility

I represented the Defendant, a health care facility, in an employment suit seeking $450,000 for claims of negligent hiring and wrongful termination.  The case resulted in a zero verdict.

Anonymous Plaintiff v. Transportation Management Services Company

The Plaintiff alleges he filed an EEOC charge against our client, a provider of transportation management services, and also alleges he was issued a Notice of Right to Sue.  The Company never received either.  Plaintiff filed a lawsuit in federal court in California on April 4, 2006.  The Company filed a Motion to Dismiss, which was granted on January 24, 2007.

Anonymous Plaintiff v. Transportation Management Services Company

We represented our client, a provider of transportation management services, in multiple discrimination and retaliation lawsuits that have been filed in Atlanta Georgia, Los Angeles California, and Jacksonville Florida.  We have filed motions to dismiss or motions for summary judgment which were granted, dismissing all causes of action in our client's favor.

Anonymous Plaintiffs v. Tobacco Company

Our firm represented the Defendant, a tobacco company, in two separate lawsuits brought by employees alleging breach of contract and ERISA claims.  Both cases were successfully dismissed in favor of the client.

Appellate Experience

Lira has served as special counsel for amicus curiae, Michigan Manufacturers' Association and National Association of Manufacturers, on employment and employee benefit issues. Representative cases include:

1) Nord v. The Black & Decker Disability Plan, 538 U.S. 822 (2003): Employee sued employer-sponsored disability plan alleging that the plan wrongfully denied his claim for benefits by failing to give proper weight to his treating physician's opinion. The Court of Appeals for the Ninth Circuit agreed, and the United States Supreme Court granted certiorari to determine whether ERISA's requirement for a full and fair consideration of the employee's claim included giving deference to the treating physician's opinion. The Court held in favor of the benefit plan and reversed the Ninth Circuit's ruling, a position advocated by the National Association of Manufacturers' amicus brief.

2) Chambers v. Trettco, 463 Mich. 297, 614 N.W.2d 910 (2000): Employee sued employer under Michigan's Civil Rights Act alleging sexual harassment by a supervisory employee. The employer argued that it was not vicariously liable under the Michigan Civil Rights Act, citing key differences in the Michigan statute and Title VII. The Michigan Court of Appeals applied an analysis consistent with Title VII and held the employer liable. The Michigan Supreme Court reversed, following position advocated by the Michigan Manufacturers' Association's amicus brief, relying on differences in the text of the state law to hold that the principles stated in the federal civil rights cases did not control.

3) Sniecinski v. Blue Cross & Blue Shield of Michigan, 469 Mich. 124, 666 N.W.2d 186 (2002): Employee sued employer under Michigan's Civil Rights Act alleging pregnancy discrimination. The trial court denied the employer's motion for summary disposition and the matter was tried to a jury, which found in favor of the employee. The Court of Appeals affirmed. The Michigan Supreme Court granted leave to appeal and reversed and remanded, following position advocated by the Michigan Manufacturers' Association's amicus, with direction to enter a finding of no cause of action as a matter of law.

Lira has also represented appellants in federal and state courts. Representative cases include:

4) Taunt v. General Retirement Sys. of the City of Detroit (In Re: Wilcox), 233 F.3d 899 (6th Cir. 2000), cert. denied, 533 U.S. 929 (June 2001): Bankruptcy trustee sought access to debtor's retirement benefits on behalf of creditors, and debtor's municipal retirement plan sought to protect the benefits under 11 U.S.C. § 541(c)(2). The bankruptcy court held that the plan's anti-assignment provision was not enforceable under § 541(c)(2), and the district court agreed. The Court of Appeals reversed, holding that the anti-assignment provision satisfied § 541(c)(2) and that the benefits could not be reached by creditors.

5) Preston v. John Alden Life Ins. Co., et al., 2006 U.S. Dist. LEXIS 48260 (S. Dist. Ohio 2006): Former employee sued his employer and insurance company administrating the employer's disability benefit plan, contending that he was wrongfully denied benefits. The insurer and employer moved for judgment as a matter of law on the basis that ERISA preempted the employee's claims and that the employee failed to state an actionable claim. The court ruled in favor of defendants and granted summary judgment.

6) Prudential Property and Casualty Ins. v. Delfield Co. Group Health Plan, 1999 U.S. App. LEXIS 18708 (Sixth Circuit 1999): Plaintiff insurance carrier sued defendant self-funded employee benefit plan, contending that the employee benefit plan was primarily responsible for medical expenses incurred by its insured in an automobile accident. The employee benefit plan sought to require the insurer to pursue its claim administratively before resorting to litigation. The district court ruled in favor of the benefits plan, but the appeals court reversed on the basis that it was bound to follow a prior panel's ruling and allow litigation, although the concurrence pointed out that the prior ruling was inconsistent with subsequent case law. 

7) Alstork v. AIG Life Ins. Co. et al., United States Court of Appeals for the Sixth Circuit, Case No. 08-4339 (2008): Plaintiff beneficiary of employee's life insurance policy sued defendant employer, employee benefit plan, and insurer, contending that Plaintiff should have been paid accidental death benefits when employee died following an automobile accident. Defendants denied benefits based on the terms of the benefit plan and results of post-accident medical review. The United States District Court for the Southern District of Ohio upheld denial of benefits, and Plaintiff appealed. Case successfully settled on appeal.

8) Hodges v. American Heritage Life Ins. Co., United States Court of Appeals for the Sixth Circuit, Case No. 08-5777 (2008) (pending): Plaintiff former employee sued defendant employer, employee benefit plan, and insurer, contending that Plaintiff should have been paid disability benefits for chronic condition characterized by subjective complaints of pain. Defendants denied benefits based on the terms of the benefit plan and results of independent medical reviews. The United States District Court for the Western District of Kentucky upheld denial of benefits, and Plaintiff appealed. Case is pending.

AT&T Corp. Deliberate Intent Litigation (Kanawha, County, WV 2008)

Lead counsel in the successful defense of AT&T against 25 consolidated deliberate intent civil actions filed by a unified group of former employees who alleged that they sustained serious injuries as a result of exposure to mold in the company’s Charleston Call Center. Suit also was filed against several co-defendants, including the building’s owners and maintenance contractors. AT&T denied that there was mold present in the building sufficient to establish the existence of a specific unsafe working condition, or that the plaintiffs could establish any of the other requisite statutory elements of their deliberate intent claims. After extensive lay and expert witness discovery, the plaintiff’s dismissed their claims against AT&T in exchange for payment of only nominal sums.

Baldwin v. General Electric Co.

Obtained summary judgment in Hamilton County Court of Common Pleas in Ohio on two plaintiffs' claims for sexual harassment, assault, intentional infliction of emotional distress and obtained favorable settlement through private mediation on plaintiffs' claims for negligent retention and failure to provide unsafe workplace.

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.

Basinger, et al. v. Pilarczyk. et al.

Dinsmore & Shohl represented the Archdiocese of Cincinnati in a breach of contract and age discrimination suit filed by two teachers who were dismissed from one of its parochial elementary schools.  The reason for termination given by the school was that the teachers' marriage was canonically invalid and that their co-habitation was contrary to the school's religious mission.  The teachers claimed this reason was a mere pretext for age discrimination, since they were replaced by younger teachers.  Following two separate appeals, the judgment of the trial court dismissing the suit was affirmed.

Bell v. Ashland Oil, Inc.(S.D. W.Va. 1998)

Co-counsel defending Ashland Oil against claims initiated by a former refinery engineer who was terminated from his employment after the company found that he had engaged in conduct in violation of its sexual harassment policy. The plaintiff asserted claims against Ashland Oil for wrongful discharge in violation of West Virginia public policy, defamation and fraud. Following cross examination of the plaintiff on the first day of trial, the court invited us to move for a directed verdict. To avoid that result, the plaintiff voluntarily dismissed his claims and trial was concluded.

Beverly Coda v. Thorntons, Inc.

Won summary judgment in the Butler County Court of Common Pleas for promissory estoppel, breach of contract, and gender discrimination.

Bond v. General Motors

We represented Defendant General Motors in a suit filed by its employee under the Employee's Retirement Income Security Act of 1974 (ERISA), as amended, 29 U.S.C. § 1001 et seq., alleging breach of fiduciary obligations and equitable or promissory estoppel.  The U.S. District Court for the Southern District of Ohio granted summary judgement for the employer.

Booker v. Garden Manor

Complaint filed in Federal District Court alleging claims of race discrimination, retaliation, and spoilation against our client Garden Manor Nursing Home. We were granted summary judgment dismissing all claims.

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.

Cornell v. General Electric Plastics, 853 F. Supp. 221 (S.D. W. Va. 1994)

Lead counsel defending GE against claims by a former female employee, who, after being fired following 18 years of employment, alleged sex discrimination claims under 42 U.S.C.S. § 1981, Title VII, and the West Virginia Human Rights Act. The Court granted summary judgment to GE on all claims, finding that § 1981 applied to racial but not sexual discrimination, rejecting the Title VII claim because the plaintiff had not first unsuccessfully pursued her state administrative remedies, and dismissing her claim under the Human Rights Act because she could not submit any evidence contradicting GE’s evidence suggesting poor work performance as the reason for her discharge.

Defended against claims of wrongful discharge and defamation stemming from sexual harassment investigation

An employee of our client Pamida, a former chain of department stores, was terminated following an investigation into claims of sexual harassment. The employee alleged that he was terminated as a result of reporting his concerns about “waste, fraud and abuse,” including the sale of out-dated over-the-counter medicine, and he filed a suit against our client claiming wrongful discharge in violation of public policy and defamation resulting from the investigation. We thoroughly investigated the claims, and determined that the employee’s termination was valid. We then obtained summary judgment on all the claims. Stargle v. Pamida, Inc., 2007 U.S. District LEXIS 50579 (W.D. Ky. 2007).