Employment and labor Lawyer
Practice Areas: Employment & Labor, Appeals
OUTCOME: Won appeal on attorney's fee issue
Medical billing company was not entitled to recover its attorney's fees from defendant in breach of contract action because the indemnification clause in the billing agreement did not expressly provide ... for recovery of attorney fees in a first-party enforcement claim.
OUTCOME: Plaintiff/Appellant prevailed on appeal.
D.C. Circuit reversed district court's grant of summary judgment on hostile work environment and retaliation claims. First, in determining that several of Steele's claims were time-barred, the court f ... ailed to acknowledge that a genuine issue of material fact existed as to the date of Steele's contact with an EEO counselor. Second, the district court's rejection of Steele's constructive discharge claim on the ground that she did not show working conditions "so intolerable, so aggravating, that any reasonable person would have felt compelled to quit," simply did not address whether Steele successfully made the lesser showing that she experienced severe or pervasive harassment that altered the conditions of her employment. Third, in Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 53 (2006), the Supreme Court expressly rejected the "adverse employment action" standard for retaliation claims, which was the standard applied by the district court in this case.
OUTCOME: Wrote Amici Brief for MELA/MWELA.
Amici argue that an employer may not forfeit a commission earned by an employee prior to the employee’s termination but with the commission not calculated until after termination.
OUTCOME: Petitioner prevailed on appeal.
Statute of limitations for discriminatory discharge claim runs from date employee is actually terminated, not when employee receives notice of future termination date.
OUTCOME: Wrote Amicus Brief for MWELA.
Amicus argued in support of petition for rehearing that the Court should consider the Supreme Court's intervening decision in Desert Palace v. Costa which overruled the “mixed motive/direct evidence ... †portion of Price Waterhouse.
OUTCOME: Won unpaid wages, fees under FLSA, MWPCL
Plaintiffs, day laborers, recovered unpaid back wages and exemplary damages totaling $324,143.36 pursuant to the Federal Fair Labor Standards Act ("FLSA"), and the Maryland Wage Payment and Collection ... Law ("MWPCL"), and were awarded attorney's fees at Laffey rates in the amount of $82,853.00.
OUTCOME: Settled favorably.
Obtained generous settlement for intervenor-plaintiff Marjorie Arbuckle as part of a nationwide consent decree to end employment discrimination against deaf applicants.
OUTCOME: Plaintiff prevailed on motion to dismiss.
Rehabilitation Act claim against Metro was not barred by Eleventh Amendment sovereign immunity.
OUTCOME: Settled favorably after appeal filed.
Questions presented: Whether lower court erred by (1) rejecting Parties' joint voluntary stipulation to dismiss case as settled; (2) ratifying private partition sale for inadequate price attributable t ... o Trustee's lack of diligence in obtaining better offers and his mistaken belief that he owed no duty to the owners to obtain the best possible price?
OUTCOME: Petitioner prevailed on appeal.
Government contractor stated claim for religious discrimination by agency under joint employer doctrine.
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