Experience
Sheri Blaney v. Cengage Learning, Inc.
Won summary judgment in the United States District Court for the Southern District of Ohio for age discrimination and retaliation.
Smith v. Columbia Gas Transmission Corp., 1999 U.S. App. LEXIS 6521 (4th Cir. 1999)
Lead counsel for Columbia in a case alleging race discrimination and racial harassment in the workplace. After successful mediation efforts, a settlement agreement was drafted between the parties. The plaintiff thereafter alleged that he had not agreed to the terms of the agreement, and fired his counsel after he took a contradictory position on the issue. Testimony was elicited at a hearing from Columbia’s in-house counsel and the plaintiff's original trial counsel, each of whom testified that the written agreement comported with a verbal agreement reached between the parties. The district court held, therefore, that the agreement accurately reflected the settlement terms, and that the plaintiff had authorized his original counsel to reach agreement on each term. Enforcement of the agreement was ordered, and was affirmed on appeal by the Fourth Circuit.
Stafford v. Rocky Hollow Coal Corp., 198 WV 593 (1996)
Court overruled trial court's grant of judgment for wrongful discharge to discharged employee. Court held the lower court erred by allowing evidence of parent company's "bad acts" and evidence did not warrant submission of punitive damages to the jury.
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.
Teamsters Local 372, et al. v. Detroit Newspapers Agency, 993 F.Supp. 1052 (E.D. MI 1998)
Court declined to dismiss civil RICO action by Employer against striking Unions. Court held Employer would prevail on civil RICO allegations alleging strike violence involving attempted murder, arson and extortion.
Terry Robbins v. The Hope Center
The plaintiff lodged a complaint against his employer, a non-profit offering programs for the homeless, with the National Labor Relations board, claiming that its Executive Director made threats to employees to discourage them from organizing. He also filed a civil action claiming that he has been retaliated against in response to his NLRB complaint. Both matters were settled on favorable terms to the client.
The Dietz Company, Inc. v. IPC Power Resistors International, Inc., State of Wisconsin, Circuit Court, Waukesha County Case No. 01-CV-00373
After trial, obtained dismissal of claim brought by former salesman who alleged that he was entitled to certain protections under Wisconsin Statutes and Kentucky law. The salesman argued that his termination was improper and that he was entitled to substantial damages.
The Estate of Sarah Howard v. Large National Insurance Company
Our firm defended a large national insurance company on claims that it unfairly violated Family and Medical Leave (FMLA) and otherwise disciplined Howard in retaliation for complaints about her workload as a P&C adjuster, about her supervisor and the Market Claim Manager and/or because she had a disability in violation of the ADA. This case was settled on favorable terms to the client.
Theresa Russell v. Jewish Hospital
The plaintiff claimed she was constructively discharged by the hospital for refusing to perform ecocardiographs which she claimed were intrusive procedures which would constitute a violation of her license as a respiratory therapist, and thus against Kentucky public policy. The client received a summary judgement from the trial court, which was upheld on appeal after oral argument.
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.
Wanda Johnson v. Health Institute of Louisville
Plaintiff Wanda Johnson sued the Health Institute of Louisville alleging that she had been subjected to unlawful gender discrimination and retaliation under Title IX after she alleged that she was sexually harassed by a male instructor and falsely claimed to have filed a sexual harassment charge against the school with the Kentucky Commission on Human Rights. After a week-long jury trial in 2003 in the Western District of Kentucky, presided over by Judge John G. Heyburn, the jury returned a unanimous verdict in favor of the Health Institute.
Wheatley v. Speedway SuperAmerica, LLC, (Kanawha County WV, 02-C-2460 (2004))
Lead counsel for Speedway in defense of same-sex harassment claims by a former male employee who alleged that he was harassed on the basis of his sexual orientation and failure to conform with gender stereotypes in violation of the West Virginia Human Rights Act. The plaintiff also alleged that the harassment resulted in the constructive discharge from his employment in violation of the Act, and asserted common law claims for the tort of outrage and negligent hiring and supervision. When it became clear that summary judgment in Speedway’s favor was a near certainty, the plaintiff agreed to dismiss his claims in exchange for a nominal settlement.
William Niles v. National Vendor Services, Inc.
Niles alleged that his former employer, National Vendor Services, Inc. ("NVS") discriminated against him because of an alleged disability in violation of ORC § 4112, and that NVS also violated the Family and Medical Leave Act. The trial court granted NVS’s motion for summary judgment. Niles appealed the summary judgment to NVS, and the appellate court upheld summary judgment in favor of NVS.
Xi v. Procter & Gamble Co.
Won summary judgment in the Hamilton County Court of Common Pleas against claims for wrongful termination against public policy and under the Ohio Whistleblower Act.
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