Experience
Negotiation and Arbitration of Interconnection Agreement (Telecommunications)
We represented an Indiana-based competitive local exchange carrier in the negotiation and arbitration of its interconnection agreement with AT&T in Kentucky. During this representation before the Kentucky Public Service Commission, we were successful in allowing our client to obtain the interconnection services necessary to begin offering competitive 911 service in Kentucky. This has become a landmark result, as it has opened the Kentucky 911 market to the first effective competition in history.
New Beckley Mining Corp. v. UMWA, 946 F.2d 1072 (4th Cir. 1991)
Court overruled lower court's dismissal of civil RICO allegations against Union focused on strike violence. The Court ruled the federal district court abused discretion by abstaining from hearing federal RICO action.
NLRB v. Kentucky River Community Care
Our firm took over the case after the NLRB ruled against the Company; we focused the legal issues to position the case for a successful appeal to the Sixth Circuit where RN's were determined to be supervisors. We then argued and won the case before the U.S. Supreme Court.
Non-Compete Cases
Successfully prosecuted multiple non-compete cases on behalf of various clients throughout Central Ohio.
OSHA Matters - Construction Projects
Successfully negotiated multiple claims by OSHA on construction-related accidents.
Panetta v. Chesapeake Energy Corp., 2010 U.S. Dist. LEXIS 46947 (S.D. W.Va. 2010)
Co-counsel in the successful enforcement of contractual arbitration provisions against a plaintiff who alleged that Chesapeake engaged in fraud in connection with his severance. After removing the case to federal court, Chesapeake filed a motion to dismiss maintaining that the plaintiff’s claim falls under the arbitration clause of the severance agreement, and that under the Federal Arbitration Act it must be stayed or dismissed so that the case could be arbitrated. The Court granted Chesapeake’s motion and stayed further action.
Pascocciello v. Interboro School Dist., 2005 U.S. Dist. LEXIS 31421 (S.D. W. Va. 2005)
Lead counsel for a Pennsylvania school district and school principal who had asked a teacher to resign after he was accused of sexually assaulting several students. The principal later signed a reference form on behalf of the district with knowledge that it would be forwarded to potential employers, and the superintendent of the Pennsylvania school district also completed a form which he received from a West Virginia board of education that was considering the teacher's application for employment. The West Virginia board hired the teacher, and 22 years later he sexually assaulted and murdered a student. The court adopted ISD’s argument that neither it nor the principal engaged in conduct that allowed the West Virginia court to exercise personal jurisdiction over them, severed the student's claims against them, and transferred those claims to the Eastern District of Pennsylvania.
Patrick v. Ferguson, Inc.
Federal District Court, Southern District of Ohio, granted summary judgement motion in favor of Ferguson, dismissing Plaintiff's age discriminaiton claims.
Plaintiff v. Hospital
Successfully obtained reversal by the West Virginia Supreme Court of an award of unemployment compensation benefits.
Plaintiff v. Large Retailer
Obtained summary judgment in United States District Court for the Southern District of West Virginia on disability discrimination claim brought by former employee.
Plaintiff v. Regional Airline
Successfully obtained reversal by the West Virginia Supreme Court of the West Virginia Human Rights Commission's finding of discrimination.
Race Discrimination, Hostile Work Environment and Retaliation Case
Just one month before trial in August 2012, Dinsmore obtained a summary dismissal of a suit filed by a former security officer who was terminated after 13 years of employment for failing to immediately report to his superiors information regarding possible theft of the Company’s product, alcoholic beverages. The officer alleged that he was subjected to race discrimination and a racially hostile work environment and that he had been terminated in retaliation for having filed two EEOC charges 2½ years earlier. The officer also acknowledged that he had failed to timely report information about possible theft, but claimed that a “mixed-motive” standard should apply, allowing a plaintiff to proceed by arguing that his termination was motivated by both lawful and unlawful reasons. The Court rejected this theory, stating that the officer had not proffered evidence that any employee who failed to timely report suspected theft received a less severe discipline. Further, the Court dismissed the officer’s racially hostile work environment claim on the grounds that the two instances upon which he based his claims were not directed at him because of his race and did not constitute racial harassment. Finally, the Court dismissed the retaliatory discharge claim on the grounds that the officer did not proffer evidence of a causal connection between his 2005 EEOC charges (both of which were dismissed) and his 2008 termination. Accordingly, the case was dismissed in its entirety with prejudice. The Kentucky Court of Appeals affirmed the summary dismissal of the security officer's claims in their entirety.
Rashawn Manigan v. Southwest Ohio Regional Transit Authority
Plaintiff asserted claims of disability discrimination under federal and state law, claiming that his employer failed to accommodate his alleged disability. We moved for summary judgment, arguing that our client had reasonably accommodated the plaintiff and that it was not obligated to provide the specific accommodation sought by the plaintiff because this would require our client to violate its collective bargaining agreement with the union representing its employees. The court granted summary judgment for our client. The Sixth Circuit Court of Appeals affirmed.
Representation Before National Labor Relations Board (NLRB)
Colleen represented a transportation management services company in a charge filed by a former employee, bargaining unit member and union steward, who asserted that he was terminated as a result of his union activities. Colleen successfully defended the company before the NLRB, Region 13, resulting in a dismissal of the charge. The employee appealed the decision to the NLRB in Washington, D.C. The Board denied the appeal, upholding the Regional Director's decision.
Representation of Graeter's Manufacturing Company
Graeter's Manufacturing Company. Corporate representation of fifth generation family owned business which manufactures ice cream and confection products. Nationally known supplier of premium quality products (as referenced on Oprah Winfrey, the West Wing, and in other national media outlets). Counsel for franchise program with Graeter's as franchisor and business counsel for all corporate operations, inclusive of labor, real estate and general corporate work.
Rita Waldridge v. Feather, Inc.
Defended a claim of sexural harassment, retaliation, and constructive discharge against a restaurant franchisee arising from the act of a supervisor. This claim was settled on favorable terms after the verdict in Sue Spencer v. Feather, Inc.
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.
Serednyj v. Beverly Healthcare LLC
Won in the United States Court of Appeals for the Seventh Circuit. The 7th Circuit upheld summary judgment in Defendant’s favor against claims for sex, disability, and retaliation under the Pregnancy discrimination Act, Title VII, and Americans with Disabilities Act
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.
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.
Teamsters Local 179 v. Local 707 and Transportation Management Services Company, NLRB Region 13
This matter involved a petition for election by rival union Teamsters Local 179. Several hearings were held before the NLRB and two elections were conducted. The rival union lost the election, and the incumbent union was certified as the representative.
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 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.
ULP Teamsters Local 42, 1-CA-42760; 1-CA 42832
Successfully defended ULP over refusal to execute CBA and whether agreement was reached.
ULP, Oil Refinery v. United Steelworkers
Successfully defended ULP regarding changes to 12 hour shift agreement.
ULP, Oil Refinery v. United Steelworkers
Successfully defended ULP charge alleging unilateral changes to CBA where Union alleged failure to bargain changes.
ULP, Oil Refinery v. United Steelworkers
Successfully defended ULP over Company’s decision requiring employees bidding on jobs to meet certain qualifications and not awarding positions based solely on seniority.
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