People: Thomas J. Piskorski, Partner

Photo of Thomas J. Piskorski, Partner

Thomas J. Piskorski

Partner

Chicago
Direct: (312) 460-5925
Fax: (312) 460-7925
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Mr. Piskorski is a partner where his practice concentrates on the representation of management in all labor, employment and employee benefits matters, including collective bargaining, labor contract administration, arbitrations, Labor Management Relations Act, OSHA, Railway Labor Act, state and federal court litigation, administrative law (state agencies such as the Illinois Educational Labor Relations Board and the Illinois Human Rights Commission, EEOC, NLRB, United States and State of Illinois Departments of Labor), Fair Labor Standards Act, civil rights and employment discrimination litigation under federal, state and local laws, ERISA and employee benefits, Labor-Management Reporting and Disclosure Act, WARN, Executive Order 11246 and OFCCP proceedings, Drug-Free Workplace Act of 1988, and general counseling.

From 1985 through 1988, Mr. Piskorski served as an instructor in the College of Law at Loyola University of Chicago.  He is recognized as a leading lawyer for Labor & Employment in Illinois in Chambers & Partners USA Leading Business Lawyers (2003-2009) and in Who’s Who Legal USA – Management Labour & Employment (2006 Edition).

During law school and following graduation, he served as Law Clerk to Honorable Robert A. Grant, Senior District Judge of the United States District Court for the Northern District of Indiana, South Bend Division. In addition to the regular District Court duties, he accompanied Judge Grant when he served as special visiting judge to the United States Court of Appeals for the Seventh Circuit, the United States Court of Appeals for the Ninth Circuit, the Temporary Emergency Court of Appeals, and the United States District Court for the District of Puerto Rico.

Mr. Piskorski is a partner where his practice concentrates on the representation of management in all labor, employment and employee benefits matters, including collective bargaining, labor contract administration, arbitrations, Labor Management Relations Act, OSHA, Railway Labor Act, state and federal court litigation, administrative law (state agencies such as the Illinois Educational Labor Relations Board and the Illinois Human Rights Commission, EEOC, NLRB, United States and State of Illinois Departments of Labor), Fair Labor Standards Act, civil rights and employment discrimination litigation under federal, state and local laws, ERISA and employee benefits, Labor-Management Reporting and Disclosure Act, WARN, Executive Order 11246 and OFCCP proceedings, Drug-Free Workplace Act of 1988, and general counseling.

From 1985 through 1988, Mr. Piskorski served as an instructor in the College of Law at Loyola University of Chicago.  He is recognized as a leading lawyer for Labor & Employment in Illinois in Chambers & Partners USA Leading Business Lawyers (2003-2009) and in Who’s Who Legal USA – Management Labour & Employment (2006 Edition).

During law school and following graduation, he served as Law Clerk to Honorable Robert A. Grant, Senior District Judge of the United States District Court for the Northern District of Indiana, South Bend Division. In addition to the regular District Court duties, he accompanied Judge Grant when he served as special visiting judge to the United States Court of Appeals for the Seventh Circuit, the United States Court of Appeals for the Ninth Circuit, the Temporary Emergency Court of Appeals, and the United States District Court for the District of Puerto Rico.

Education

  • J.D., University of Notre Dame Law School (1981)
    Associate Editor; Law Review
  • M.B.A., University of Notre Dame (1981)
    College of Business Administration with High Honors
  • B.S., Marquette University (1977)
    magna cum laude

Admissions

  • Illinois

Courts

  • United States Supreme Court
  • Illinois Supreme Court
  • U.S. Court of Appeals for the First, Fourth, Sixth, Seventh, Eighth, Tenth and District of Columbia Circuits
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Northern District of Illinois (Trial Bar)
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Eastern and Western District of Michigan
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Eastern District of Wisconsin

Affiliations

  • American Bar Association (Section of Labor and Employment Law, Litigation Committee on Employment and Labor Relations Law, Litigation Subcommittee of the Committee on Employee Rights and Responsibilities)
  • Chicago Bar Association (Labor and Employment Law Committee and Federal Civil Procedure Committee)
  • Illinois State Bar Association (Labor and Employment Law Section Council)
  • Seventh Circuit Court of Appeals Bar Association

Representative Engagements

A.  Federal and State Appellate Court
  • Seitz, et al. v. City of Elgin, Case No. 13-1045 (7th Cir., June 24, 2013) (successfully argued for dismissal of the City of Elgin with respect to claims for violations of the Electronic Communications Privacy Act (Federal Wiretap Act)
  • Burke v. Zurich American Insurance Company, 2012 IL App (2d) 111320-U (Sept. 12, 2012) (summary judgment in employer’s favor affirmed in “earned bonus” claim under Illinois law)
  • Weber v. Universities Research Association, Inc., No. 08-1957 (7th Cir. 2010) (summary judgment affirmed in sex discrimination and retaliation claim brought by terminated employee)
  • Franzen v. Ellis Corp., 543 F.3d 420 (7th Cir. 2008) (court affirms award of $0 in damages, including $0 in attorneys’ fees and costs, in a FMLA action after a jury found in favor of the plaintiff on liability)
  • Anderson, et al. v. Pactiv Retirement Plan, et al., No. 06-3945 (8th Cir. February 7, 2008) (dismissal of class action claim for retirement benefits affirmed based on mootness)
  • Bilal v. BP North America Inc., No. 06-1951 (7th Cir., January 8, 2007) (summary judgment affirmed in race discrimination case brought by a discharged corporate tax attorney)
  • Niu v. Revcor Molded Products, No. 2-05-104-CV (Tex. 2nd Dist. Court of Appeals, October 12, 2006) (summary judgment affirmed in race discrimination, race harassment and retaliation lawsuit under Texas law)
  • Piggee v. Carl Sandburg College, No. 05-3228 (7th Cir., Sept. 19, 2006) (summary judgment in favor of school and school officials affirmed – plaintiff alleged a variety of statutory and constitutional claims relating to abridgement of her religious and free speech rights)
  • Gresham v. Lumbermens Mutual Casualty Company, No. 05-2345 (4th Cir., March 24, 2006) (unpublished decision) (summary judgment affirmed in severance pay claim for treble damages and attorneys’ fees under Maryland wage payment statute)
  • Gibson v. The Northern Trust Company, et al., No. 1-04-3287 (1st Dist. App. Ct., Dec. 12, 2005) (dismissal of race discrimination charge affirmed)
  • Greviskes v. Universities Research Association, Inc. (Fermi National Accelerator Laboratory), Nos. 04-2784 & 04-3863 (7th Cir., August 8, 2005) (affirming dismissal of discrimination lawsuit following evidentiary hearing establishing plaintiff’s discovery misconduct; client awarded $69,000 in sanctions and costs at district court level)
  • Beasley v. Hub City Texas, L.P., 2003 WL 22254692 (State of Texas First District Court of Appeals, September 29, 2003) (temporary injunction issued against former company president for violating non-competition agreement affirmed)
  • Dockery v. Dayton Hudson Corp., No. 97 C 6677 (7th Cir., June 18, 2001) (unpublished Order; summary judgment for employer affirmed in race harassment and harassment discrimination lawsuit)
  • Graduate Employees Organization v. Board of Trustees of the University of Illinois, No. 1-98-1685 (Ill. 1st Dist. App. Ct. June 30, 2000) (reversing in part IELRB decision that graduate assistants are students and excluded from coverage under the Illinois  Educational Labor Relations Act)
  • Jay’s Foods, L.L.C. v. Chemical & Allied Product Workers Union, 208 F.3d 610 (7th Cir., March 31, 2000) (vacation of arbitration award upheld), cert denied, (October 10, 2000)
  • Graduate Employees Organization v. Board of Trustees of the University of Illinois, No. 98-CA-0019-S (Ill. 1st Dist. App. Ct. December 30, 1999) (affirming IELRB decision that University did not commit unfair labor practices against graduate assistants)
  • Anaeme v. Diagnostek, Inc., No. 98-1854 (S. Ct., October 4, 1999) (certiorari denied in employment discrimination case; handled case before Supreme Court)
  • Pokuta v. Trans World Airlines, Inc., 191 F.3d 834 (7th Cir. 1999) (affirming dismissal of claim challenging arbitration award)
  • Doe v. Mutual of Omaha Insurance Co., 179 F.3d 557 (7th Cir. 1999) (insurance policy limitation on AIDS and AIDS-related conditions held lawful under the Americans With Disabilities Act)
  • Vanderbilt University v. DiNardo, 174 F.3d 751 (6th Cir. 1999) (overturning approximately $300,000 judgment in favor of the plaintiff and remanding case for trial on enforceability of contract which was the basis for the plaintiff’s lawsuit)
  • Meier v. Coresource, Inc., No. 98-5364 (6th Cir., February 23, 1999) (affirming  District Court order finding diversity jurisdiction; plaintiff attacked jurisdiction in order to have vacated a summary judgment entered against him on the merits of his breach of contract claim) (unpublished order under Circuit Rule 206)
  • Sheren v. Dayton-Hudson Corp., No. 98-3166 (7th Cir., February 18, 1999) (affirming summary judgment in favor of employer in ADA case involving inability to perform job based on vision problems) (unpublished order under Circuit Rule 53; District Court decision reported at 1998 U.S. Dist. LEXIS 12061), cert. denied, Case No. 98-1854 (S. Ct., October 4, 1999)
  • Bradley v. Trans World Airlines, Inc., No. 1-97-2542 (Ill. App. 1st Dist, October 22, 1998) (appellate court upheld Human Rights Commission summary judgment in favor of TWA on handicap discrimination claim)
  • Couch v. Sprint Corporation, No. 97-1743 (S. Ct., June 26, 1998) (represented Sprint in successfully opposing petition for writ of certiorari from Eight Circuit decision)
  • Burns International Security Services v. NLRB, 146 F.3d 873 (D.C. Cir. 1998) (successfully overturned NLRB findings, 324 N.L.R.B. No. 89, that employer had unlawfully made unilateral changes and that a subsequent strike was an unfair labor practice strike)
  • LCF, Inc. and  Sprint Corp. v. NLRB, 129 F.3d 1276 (D.C. Cir. 1997) (successfully overturned NLRB finding, 322 N.L.R.B. No. 137, that plant closure was motivated by union organizational campaign; handled the case on appeal)
  • Bellows v. Amoco Oil Company, 118 F.3d 268 (5th Cir. 1997) (successfully overturned $275,000 jury award in 42 U.S.C. § 1981 action which was tried in Texas; handled the case on appeal with in-house counsel)
  • University Professionals of Illinois, Local 4100, et al. v. Jim Edgar, et al., 114 F.3d 665 (7th Cir. 1997) (on behalf of the University of Illinois, successfully defended constitutional challenge to amendment to public sector collective bargaining law which specified appropriate bargaining unit for academic faculty at the University of Illinois campuses throughout the State of Illinois)
  • Barefield v. Village of Winnetka, 81 F.3d 704 (7th Cir. 1996) (summary judgment awarded in favor of employer in a 38-plaintiff lawsuit seeking overtime pay, under Illinois and FLSA law, for police officer roll call time during a ten year time period)
  • Local 2, International Union of Security Officers v. Burns International Security Services, No. 94-15115 (9th Cir., July 12, 1995) (local union found to not have standing to compel arbitration under collective bargaining agreement between company and international)
  • Geise v. The Phoenix Co., 159 Ill. 2d 507, 639 N.E.2d 1273 (Ill. S. Ct., August 4, 1994) (successfully argued that state Human Rights Act was exclusive remedy for negligent retention and negligent supervision claims based on alleged sexual harassment by supervisor -- appeared as amicus for the Chicagoland Chamber of Commerce)
  • Hammond v. Trans World Airlines, Inc., 981 F.2d 1524 (7th Cir. 1992), rehearing en banc denied, 989 F.2d 944 (7th Cir. 1993), cert. denied, 114 S. Ct. 175 (1993) (summary judgment in favor of employer affirmed in case under Railway Labor Act involving variety of contract and statutory claims relating to integration of pilots’ seniority lists following merger)
  • Board of Trustees of the University of Illinois v. Illinois Educational Labor Relations Board and Local 399, International Union of Operating Engineers, 235 Ill. App. 3d 709, 600 N.E.2d 1292 (4th Dist. 1992), appeal denied, 148 Ill. 2d 639, 610 N.E.2d 1260 (Ill. S. Ct. 1993) (IELRB finding of non-supervisory status overturned); on remand, Case No. 90-RS-0017 (IELRB, 1993) (successfully argued supervisory status of two groups of employees)
  • California School Employees Association v. ServiceMaster Company Limited Partnership, et al., 2 Cal. App. 4th 1396, 4 Cal. Rptr. 2d 35 (Cal. Ct. App. 1992), review denied, 1992 Cal. LEXIS 1796 (1992) (ability of a school district under California law to contract for management services with professional management services company)
  • Sexton v. Thermotron Industries, Inc., No. 130849 (Mich. Ct. App. 1992) (unpublished opinion) ($200,000 jury verdict for breach of contract under Michigan law reversed), leave to appeal denied, 442 Mich. 885, 502 N.W.2d 39 (Mich. S. Ct. 1993)
  • Allied-Signal Inc. v. Acme Service Corp., 946 F.2d 1295 (7th Cir. 1991) (indemnification issue under Indiana law)
  • Jane Doe v. Allied-Signal Inc., 925 F.2d 1007 (7th Cir. 1991) (contractor employee assaulted on defendant’s property; summary judgment in favor of defendant on negligence claim affirmed based on defendant’s status as plaintiff’s joint employer under Indiana Workers’ Compensation law)
  • Washington v. St. Margaret Hospital, No 87-2754 (7th Cir. 1990) (unpublished decision) (judgment in favor of employer following bench trial in race discrimination case affirmed)
  • AFSCME v. Board of Trustees of the University of Illinois, 197 Ill. App. 3d 521, 554 N.E.2d 476 (4th Dist. 1990) (joint employer bargaining issues under Illinois Educational Labor Relations Act)
  • Haynes v. Alumax Recycling Group, Inc., 899 F.2d 16 (7th Cir. 1990) (unpublished decision) (summary judgment in favor of employer affirmed in age discrimination case involving reduction in force)
  • Williams v. Maremont Corp., 875 F.2d 1476 (10th Cir. 1989) ($1,000,000 jury verdict in favor of employee reversed)
  • Heussner v. National Gypsum Co., 887 F.2d 672 (6th Cir. 1989) (summary judgment in favor of employer affirmed in case involving validity of contract under section 301)
  • Andre v. Bendix Corp., 841 F.2d 172 (7th Cir. 1988) (judgment in favor of employer following retrial in sex discrimination case affirmed)
  • Kelly v. Board of Trustees of the University of Illinois, Nos. 86-2662 & 87-1108 (7th Cir. 1987) (unpublished decision) (summary judgment and sanctions awarded in favor of employer affirmed in case involving First and Fourteenth amendment claims relating to employee’s suspension without pay pending discharge hearing)
  • Shasteen v. Wilson Sporting Goods Co., No. 87-5325 (6th Cir. 1987) (unpublished decision) (summary judgment awarded in favor of employer in section 301 action involving the termination of 15 employees for violating no work stoppage provision in collective bargaining agreement)
  • Pesce v. J. Sterling Morton High School, 830 F.2d 789 (7th Cir. 1987) (summary judgment in favor of employer affirmed in case involving faculty member’s suspension as a result of delaying to report suspected child abuse by another teacher)
  • Wenthold v. AT&T Technologies, Inc., 142 Ill. App. 3d 612, 491 N.E.2d 1263 (1st Dist. 1986) (class certification under Illinois overtime law)
  • Owens v. General Cable Company, No. 85-178 (Fla. Dist. Ct. App. 1985) (unpublished decision) (employees not entitled to unemployment benefits under Florida law as a result of a lockout by employer)
  • Gaver v. GK Technologies, Inc., No. 84-1877 (Fla. Dist. Ct. App. 1985) (unpublished decision) (summary judgment awarded in favor of employer involving claim for benefits under collective bargaining agreement)
  • Andre v. The Bendix Corp., 774 F.2d 786 (7th Cir. 1985) ($186,000 judgment in sex discrimination case overturned and remanded for new trial)
  • Fleischer v. Board of Community College District No. 519, 128 Ill. App. 3d 757, 471 N.E.2d 213 (2d Dist. 1984) (termination of tenured community college faculty member upheld)

B.  Federal and State Trial Courts

  • Davis, et al. v. Hugo Enterprises, LLC, et al., Case No. 8:11CV221 (D. Neb., June 5, 2013) (summary judgment awarded in three-plaintiff discrimination, harassment and retaliation lawsuit)
  • Borich v. BP, plc, et al., Case No. 12 C 2367 (N.D. Ill., May 28, 2013) (dismissal of RICO claim alleging racketeering activity in Kiev, Ukraine during international employment assignment; dismissal of second amended complaint following October 23, 2012 dismissal of previous complaint)
  • Welter v. City of Elgin, et al., Case No. 12-cv-6837 (N.D. Ill., March 29, 2013) (Section 1983 procedural and substantive due process claims against City, City Manager, Corporation Counsel and Chief of Police dismissed)
  • Seitz, et al. v. Beeter, et al., Case No. 11 C 4803 (N.D. Ill., November 13, 2012) (successfully argued for dismissal of the City of Elgin with respect to claims for violations of the Electronic Communications Privacy Act (Federal Wiretap Act), aff’d, No. 13-1045 (7th Cir., June 24, 2013)
  • Borich v. BP, plc, et al., Case No. 12 C 2367 (N.D. Ill., October 23, 2012) (dismissal of RICO claim alleging racketeering activity in Kiev, Ukraine during international employment assignment)
  • Burke v. Zurich American Insurance Company, Case No. 08 L 1449 (DuPage County, Illinois Circuit Court December 8, 2011) (summary judgment in employer’s favor in “earned bonus” claim under Illinois law), aff’d, 2012 IL App (2d) 111320-U (Sept. 12, 2012)
  • Coward v. Zurich American Insurance Company, No. 10 C 6695 (N.D. Ill., July 12, 2011 & October 6, 2011) (dismissal of claim seeking value of lost Social Security and Medicare benefits as a result of the employer’s failure to make payroll deductions)
  • Almeida v. City of Elgin, Case No. 11 CH 2001 (Kane County, Illinois Circuit Court, July 8, 2011) (Plaintiff agreed to dismissal based on motion to dismiss; discharged police officer challenging the City’s denial of his employment termination grievance)
  • Katsibubas v. Prairie Packaging (subsidiary of Pactiv Corporation), Case No. 09 L 2248 (Cook County, Illinois Circuit Court, June 8, 2011) (summary judgment awarded based on judicial estoppel and Plaintiff’s failure to disclose claim in bankruptcy proceedings)
  • Jackson v. Metropolitan Water Reclamation District of Greater Chicago, et al., Case No. 2010 L 10509 (Cook County, Illinois Circuit Court, May 17, 2011) (dismissal of 16-count Complaint of attorney alleging various employment related claims against District and various executives and employees)
  • Laskey v. Zurich American Insurance Co., No. 10-11843 (E.D. Mich., March 24, 2011) (summary judgment awarded in FMLA and ADEA wrongful termination cae)
  • Dubose v. Pepsico, Inc., et al., Case No. 2010 L 7676 (Cook County, Illinois Circuit Court, March 3, 2011) (dismissal of retaliatory discharge lawsuit)
  • Nance, et al. v. City of Elgin, No. 1:06-cv-6608 (N.D. Ill., September 20-30, 2010) (defense verdict in 9-day jury trial on race discrimination claims)
  • Crear-Price v. University of Illinois, Case No. 09 C 6472 (N.D. Ill., August 11, 2010) (summary judgment awarded in age discrimination lawsuit based on the untimeliness of the lawsuit)
  • Myers v. BP America Inc., No. 1:08-cv-3619 (N.D. Ill., March 11, 2010) (summary judgment awarded on 6 of 7 counts in discrimination, retaliation and breach of contract action brought by female trader)
  • Sanford v. Walgreen Co., No. 08-C-6325, 2010 U.S. Dist. LEXIS, 2010 WL 380907 (N.D. Ill., January 27, 2010) (summary judgment awarded to employer in executive store manager action for race discrimination and wage-hour violations)
  • National Association of Broadcast Employees & technicians – Communications Workers of America Local 41 v. ABC, No. 09 C 3854, 2009 U.S. Dist. LEXIS 109572 (N.D. Ill., November 24, 2009) (summary judgment awarded to employer in Section 301 action claiming violation of collective bargaining agreement)Wood, et al v. City of Elgin, No. 07 C 05418, 2008 WL 4545334, 2008 U.S. Dist. LEXIS 80559 (N.D. Ill., Oct. 9, 2008) (summary judgment awarded in a 100+ plaintiff lawsuit claiming that the City had failed to correctly pay overtime to police officers; successfully argued that City had adopted and complied with 29 U.S.C. § 207(k))
  • Bosch v. Rager, et al., No. 03-cv- 1408 (C. D. Ill., February 26-March 6, 2007) (jury trial verdict in favor of University of Illinois College of Medicine officials accused of copyright infringement and various state law tort claims by former medical faculty member)
  • Bosch v. Rager, et al., No. 03-cv- 1408 (C. D. Ill., October 11, 2007) (awarded $8,620.95 in costs and $256,391.25 in attorneys’ fees after prevailing in jury trial)
  • Hogan v. Molex Incorporated, No. CI 05-4520 (Lancaster County, Nebraska District Court, August 3, 2006) (dismissal of defamation and intentional infliction of emotional distress claims)
  • Pollock v. Boss Industries, Inc., No. 05-4978 (N.D. Ill. 2006) (successfully moved for transfer of case to Northern District of Indiana involving claim by former Vice President for benefits under employment agreement)
  • Bilal v. BP America Inc., No. 03 C 9253 (N.D. Ill. 2006) (summary judgment awarded in race discrimination and retaliation case by corporate tax attorney)
  • Jobe v. University of Illinois, et al., No. 03-1401 (N.D. Ill. 2006) (summary judgment awarded in First Amendment retaliation and state law tort lawsuit brought by medical school faculty member)
  • Gresham v. Lumbermens Mutual Casualty Company, 2005 U.S. Dist. LEXIS 27308, 2005 WL 3020121 (D. Md. 2005), aff’d, No. 05-2345 (4th Cir., March 24, 2006) (unpublished decision) (summary judgment awarded in severance pay claim for treble damages and attorneys’ fees under Maryland wage payment statute)
  • LaRue v. Hub Group, Inc., Case No. 1:05-cv-04875 (N.D. Ill. 2005) (summary judgment awarded on disability discrimination case brought by spouse of deceased employee; claims dismissed based on waiver and release)
  • Luckett, et al. v. Menasha Material Handling Corp., et al., No. 01 C 8967 (N.D. Ill. 2005) (summary judgment awarded in six-plaintiff pattern and practice race discrimination case)
  • Parker v. City of Elgin, No. 03 C 0171 (N.D. Ill. 2005) (summary judgment awarded in race discrimination lawsuit filed by former City Manager)
  • Piggee v. Carl Sandburg College, et al., No. 03-1329 (C.D. Ill. 2005) (summary judgment awarded in constitutional and other claims brought by a faculty member in connection with the non-renewal of an employment contract; plaintiff was supported by public interest firm and together they presented the case as a major test of religious freedom)
  • Niu v. Revcor Molded Products Company, et al,  Cause No. 153-202507-03 (Tarrant County, Texas 2005) (summary judgment awarded in race discrimination and race harassment case)
  • Greviskes v. Universities Research Association, Inc. (Fermi National Accelerator Laboratory), Case No. 03-257 (N.D. Ill., June 16, 2004) (dismissal of discrimination lawsuit following evidentiary hearing establishing plaintiff’s discovery misconduct)
  • Nielsen, et al. v. Devry, Inc., 302 F. Supp.2d 747 (W.D. Mich. 2003) (summary judgment awarded in favor of company in FLSA action claiming overtime compensation for 174 field representatives; court concludes that employees are exempt as outside sales employees)
  • Beasley v. Hub City Texas, L.P., Cause No. 2002-62901 (Harris County, Texas District Court March 6, 2003) (temporary injunction entered against former subsidiary president for creating and operating a competing business), aff’d, 2003 WL 22254692 (State of Texas First District Court of Appeals, September 29, 2003)
  • Hub Group Tennessee, LLC v. Herzog, et al., No. CH-03-0166-2 (Chancery Court of Shelby County, Tennessee February 24, 2003) (temporary injunction entered against two former subsidiary presidents and their company for creating and operating a competing business)
  • Lee v. McDonald’s Corporation, No. 4:97CV1280 (E.D. Mo., December 11, 2002) (summary judgment awarded in race discrimination and FMLA lawsuit)
  • Garren v. Molex Incorporated, No. 4:01CV00191 (E..D. Ark., November 13, 2002) (summary judgment awarded in FMLA unlawful termination lawsuit)
  • Rodgers v. Metropolitan Water Reclamation District of Greater Chicago, et al., No. 01 C 2271 (N.D. Ill., December 14, 2001) (Title VII and 42 U.S.C. § 1983 claims dismissed against public entity and public officials based on timeliness argument)
  • Johnson v. City of Elgin, et al., No. 99 C 8288 (N.D. Ill., October 3, 2001) (summary judgment awarded in favor of City in race discrimination lawsuit brought by discharged police officer)
  • Bonne v. University of Illinois at Urbana-Champaign, No. UC-01-2 (State Universities Civil Service System September 19, 2001) (discharge of police officer upheld for off-duty accidental killing of another police officer)
  • Pettis v. McDonald’s Corp., Charge No. 1991 CF 2143, ALS No. 10754 (ALJ Recommended Order and Decision, April 9, 2001) (summary decision awarded in favor of McDonald’s in race discrimination case; sanctions awarded in favor of McDonald’s for complainant’s attorney’s actions), aff’d (Illinois Human Rights Commission, October 10, 2001)
  • Graham v. City of Aurora, Case No. 98 C 1228 (N.D. Ill., March 28, 2001) (summary judgment awarded in favor of City in race discrimination and retaliation lawsuit brought by discharged police officer)
  • Gates v. Molex Incorporated, No. 4:99CV892 SMR (E.D. Ark., March 2, 2001) (judgment awarded in favor of Molex after 3-day trial involving alleged ADA violations)
  • Thompson v. Molex Fiber Optics, Case No. 99 C 5052 (N.D. Ill. 2000) (summary judgment awarded in race, retaliation, FMLA, wrongful discharge, and intentional infliction case)
  • Brown, et al. v. Nationscredit Commercial Corp., No. 3:99-CV-592 (D. Conn. 2000) (discrimination claims under New Jersey law and tort claims under Connecticut law against several individual defendants and several entities dismissed)
  • Gorin v. Galileo International, Case No. 1:97-CV-348-JOF (N.D. Ga., July 21, 1999) (summary judgment awarded in favor of employer in ADA action brought by plaintiff with Charcot-Marie Tooth Disease)
  • Mason v. City of Elgin, Case No. 97 C 8088 (N.D. Ill., March 18, 1999) (summary judgment awarded in favor of the City on race/retaliation claims of police officer)
  • Switalski v. La Porte Transit Co., Inc., Cause No. 98-CV305RM (N.D. Ind., March 1, 1999)  (awarded attorneys’ fees under Fed. R. Civ. P. 11 for LMRA Section 301 claim, 29 U.S.C. § 185, dismissed based on statute of limitations)
  • Switalski v. La Porte Transit Co., Inc., Cause No. 98-CV305RM, 160 LRRM 2763 (N.D. Ind., December 9, 1998)  (suit under LMRA Section 301, 29 U.S.C. § 185, dismissed based on statute of limitations)
  • Pokuta v. Trans World Airlines, Inc., Case No. 97 C 5764, 1998 US Dist LEXIS 15726, 159 LRRM 2499 (N.D. Ill., September 25, 1998) (successfully defended suit to vacate arbitration award under Railway Labor Act), aff’d, Case No. 98-3697 (7th Cir., September 17, 1999)
  • Malesevic v. Tecom Fleet Services, Inc., et al., 72 F. Supp.2d 932 (N.D. Ind. 1998) (summary judgment awarded in favor of Defendants on race claims under Title VII and 42 U.S.C.  § 1983)
  • Muska v. AT&T Corp., Case No. 96 C 5952, 1998 US Dist LEXIS 13215, 4 WH  Cases 2d 1672 (N.D. Ill., August 24, 1998) (summary judgment awarded in favor of Defendant on race, sex, ADA and FMLA claims)
  • Jay’s Foods, L.L.C. v. Chemical & Allied Product Workers’ Union, Local 20, a/w International Union of Allied Novelty and Production Workers, AFL-CIO, Case No. 97 C 6227, 1998 WL 265098, 162 LRRM 2675, 135 LC (CCH)  10,180 (N.D. Ill.  May 11, 1998) (successfully vacated arbitration award which held that employer  violated collective bargaining agreement by instituting third shift without union agreement), aff’d, No. 99-2807 (7th Cir., March 31, 2000), cert. denied, (October 10, 2000)
  • Dotson & Nicholson v. McDonald’s Corporation, No. 97 C 1833, 1998 US Dist LEXIS 4676 (N.D. Ill., April 12, 1998) (discrimination suit against McDonald’s Corp. and franchisee; successfully argued for the dismissal of McDonald’s Corp. on the basis that it was not plaintiffs’ employer)
  • Lester v. Trans World Airlines, Inc., Case No. 95 C 2349, 1997 US Dist LEXIS 10857 (N.D. Ill., July 22, 1997) (summary judgment awarded in favor of TWA in ADA discharge case)
  • University Professionals of Illinois, Local 4100, et al. v. Jim Edgar, et al., 153 LRRM 2449 (N.D. Ill., September 27, 1996), aff’d, 114 F.3d 665 (7th Cir. 1997) (on behalf of the University of Illinois, successfully defended constitutional challenge to amendment to public sector collective bargaining law which specified appropriate bargaining unit for academic faculty at the University of Illinois campuses)
  • Eugene v. McDonald’s Corp., 1996 U.S. Dist. LEXIS 10193 (N.D. Ill., July 17, 1996) (successfully transferred wage-hour matter from the Northern District of Illinois to the Southern District of Florida)
  • Thompson v. Borg-Warner Protective Services, Inc., No. C-94-4015 MHP (N.D. Cal., March 11, 1996) (class action challenging legality under California law and ADA of pre-employment attitude survey; summary judgment awarded on ADA claim but denied on California Labor Code claims)
  • Huber v. Greyhound Lines, Inc., 926 F. Supp. 821 (E.D. Wis. 1996) (district court refused to remand removed ERISA claim)
  • Sandra Barefield, et al. v. Village of Winnetka, No. 93 C 1154 (N.D. Ill., August 28, 1995), aff’d, 81 F.3d 704 (7th Cir., April 15, 1996) (summary judgment awarded in favor of employer in a 38-plaintiff lawsuit seeking overtime pay, under Illinois and FLSA law, for police officer roll call time during a ten year time period)
  • Local 2, International Union of Security Officers v. Burns International Security Services, No. C 93-20151 JW (N.D. Cal., December 21, 1993), aff’d, No. 94-15115 (9th Cir., July 12, 1995) (local union found to not have standing to compel arbitration under collective bargaining agreement between company and international)
  • Susan Yule v. Burns International Security Services, Case No. 93-ERA-0012 (Secretary of Labor, May 24, 1995) (Secretary of Labor overturned ALJ finding that Employer discharged security guard at nuclear power plant for whistleblowing activities; case handled on appeal)
  • Chaudhry v. Coca-Cola Bottling Co. of Chicago, 67 Fair Empl. Prac. Cases (BNA) 916, 1995 U.S. Dist. LEXIS 3039 (N.D. Ill., March 9, 1995) (summary judgment awarded in favor of employer in race, national origin, religion, and color case)
  • Signore v. Amoco Corp., No. 92 C 7220, 1994 U.S. Dist. LEXIS 10391 (N.D. Ill., July 29, 1994) (summary judgment awarded in favor of employer in age discrimination case)
  • Jacinto Mir. v. Coca-Cola Bottling Co. of Chicago, Case No. 1988 CF 1801, ALS No. 3183 (Illinois Human Rights Commission, April 5, 1994) (successfully overturned ALJ decision which had found national origin and age discrimination in connection with Complainant’s discharge)
  • Ballard v. Greyhound, Inc., No. 91 CA 15918 (D.D.C., December, 1993) (summary judgment awarded to employer in wrongful discharge case)
  • Rodgers v. AlliedSignal Inc., et al., No. 3:93CV0421RM (N.D. Ind., September 27, 1993) (summary judgment awarded in favor of employer in race and sex discrimination case)
  • Meyers v. Kawneer Co., Case No. IP 90-1980-C (S.D. Ind., October 6, 1992) (summary judgment awarded in favor of employer in age discrimination discharge case)
  • Dockery v. Allied-Signal Inc., Case No. S92-30M (N.D. Ind., April 3, 1992) (summary judgment awarded in favor of employer in race discrimination case)
  • Ferran v. The ServiceMaster Company Limited Partnership, No. IP 90-2168-C (S.D. Ind., November 5, 1991) (employee stuck in leg by used syringe; summary judgment awarded in favor of defendant on negligence claim based on defendant’s status as plaintiff’s joint employer under Indiana Workers’ Compensation law)
  • Hammond v. Trans World Airlines, Inc., 141 L.R.R.M. (BNA) 2063 (N.D. Ill. 1991), aff’d, 981 F.2d 1524 (7th Cir. 1992), rehearing en banc denied, 989 F.2d 944 (7th Cir. 1993), cert. denied, 114 S. Ct. 175 (1993) (summary judgment awarded to employer under Railway Labor Act involving variety of contract and statutory claims relating to integration of pilots’ seniority lists following merger)
  • Carolyn Boles v. Sailor Mfging., Inc., Case No. S89-261 (N.D. Ind., March 28, 1990) (summary judgment awarded in favor of employer in sex discrimination case)
  • Jane Doe v. Allied-Signal Inc., Case No. S88-449 (N.D. Ind., March 16, 1990), aff’d, 925 F.2d 1007 (7th Cir. 1991) (contractor employee assaulted on defendant’s property; summary judgment in favor of defendant based on defendant’s status as plaintiff’s joint employer for purposes of Indiana Workers’ Compensation laws)
  • Haynes v. Alumax Recycling Group, Inc., 719 F. Supp. 707 (N.D. Ill. 1989), aff’d without opinion, 899 F.2d 16 (7th Cir. 1990) (summary judgment in favor of employer in age discrimination case involving reduction in force)
  • Krizek v. Board of Education of Cicero-Stickney Township High School District No. 201, 713 F. Supp. 1131 (N.D. Ill. 1989) (summary judgment awarded in favor of employer involving First Amendment claim by faculty member regarding the showing of a movie in class without authorization)
  • Kardynalski v. Trans World Airlines, Inc., 1988 WL 82576 (N.D. Ill. 1988) (summary judgment awarded in favor of employer based on failure to exhaust remedies under Railway Labor Act)
  • Chilbert v. Board of Trustees of the University of Illinois, 1986 WL 10052 (N.D. Ill. 1986) (summary judgment awarded in favor of employer in sex discrimination case)
  • Pesce v. J. Sterling Morton High School District No. 201, 651 F. Supp. 152 (N.D. Ill. 1986), aff’d, 830 F.2d 789 (7th Cir. 1987) (summary judgment awarded in favor of employer in case involving faculty member’s suspension as a result of delaying to report suspected child abuse by another teacher)
  • Kesterson v. Davenport, 647 F. Supp. 41 (N.D. Ill. 1986) (summary judgment denied in First Amendment retaliatory discharge case)
  • Kelly v. Board of Trustees of the University of Illinois, 1986 WL 8356 (N.D. Ill. July 22, 1986) (summary judgment and sanctions awarded in favor of employer involving First and Fourteenth Amendment claims relating to employee’s suspension without pay pending discharge hearing)
  • Hofmann v. AT&T Technologies, Inc., No. 84 C 7893 (N.D. Ill. March 21, 1986) (Lexis) (class certification denied in sex discrimination case)
  • Andre v. Bendix Corp., 42 Fair Empl. Prac. Cas. (BNA) 1895 (N.D. Ind. 1986), aff’d, 841 F.2d 172 (7th Cir. 1988) (judgment in favor of employer following bench trial in sex discrimination case)
  • Grabb & Julow v. Bendix Corp., 666 F. Supp. 1223 (N.D. Ind. 1986) (summary judgment awarded in favor of employer in age discrimination case involving reduction in force)
  • EEOC v. University of Notre Dame, 629 F. Supp. 837 (N.D. Ind. 1985) (EEOC suit for alleged violation of settlement agreement dismissed on basis EEOC lacked statutory authority to bring such suit)
  • Gray v. Walgreen Co., 33 Fair Empl. Prac. Cas. (BNA) 835 (N.D. Ill. 1983) (class certification denied in race discrimination case)

C.  Employee Benefits Decisions

  • Burke v. Zurich American Insurance Company, 2012 IL App (2d) 111320-U (Sept. 12, 2012) (summary judgment in employer’s favor affirmed in “earned bonus” claim under Illinois law)
  • Anderson, et al. v. Pactiv Retirement Plan, No. 3-04-cv-80113 (S.D. Iowa January 19, 2006) (class certification denied in ERISA class action lawsuit seeking retirement benefits
  • Crosby v. Bowater Inc., 382 F.3d 587 (6th Cir. 2004) (ERISA class action for increased retirement benefits based on improper use of mortality dismissed), cert. denied, 2005 WL 330465 (April 18, 2005)
  • BP Amoco Corp. v. NLRB, 217 F.3d 869 (D.C. Cir. 2000) (overturned NLRB finding that employer had committed unfair labor practice by amending medical benefit plan; court rejected application of “waiver” doctrine and agreed with our position that the case was controlled by the “covered by the contract” doctrine)
  • Jenisio v. Trans World Airlines, Inc., 158 LRRM 3018, No. 98-858/RHK/FLN (D. Minn., July 23, 1998) (ERISA pension benefit claims dismissed based on Railway Labor Act preemption), aff’d, 187 F.3d 970 (8th Cir. 1999)
  • Coker, et al. v. Trans World Airlines, Inc., et al., 957 F. Supp. 158 (N.D. Ill. 1997) & 959 F. Supp. 946 (N.D. Ill. 1997), aff’d, 165 F.3d 579 (7th Cir. 1999) (dismissal of benefits claim case alleging widespread ERISA and RLA violations)
  • Diehl, et al. v. Twin Disc, Inc., Case No. 94 C 50031, 1996 U.S. Dist. LEXIS 4117 (N.D. Ill., April 2, 1996) (summary judgment awarded in favor of employer in class action retiree medical insurance case -- employer unilaterally changed retiree medical insurance benefits), aff’d in part and rev’d in part, 102 F.3d 301 (7th Cir. 1996) (most of the changes upheld on appeal -- some changes remanded for further factual hearing)
  • Redding v. AT&T Corporation, 124 F.3d 217 (10th Cir. 1997) (pre-PDA maternity leaves did not have to be included in post-PDA retirement benefit calculations)
  • Jones v. UOP, et al., No. 90 C 2243, 1993 U.S. Dist. LEXIS 911 & 4149 (N.D. Ill., March 30, 1993), aff’d, 16 F.3d 141 (7th Cir. 1994) (successfully defended claim seeking additional years of credited service under pension plan and successfully overturned statutory penalty assessed under ERISA Sections 104(b)(4) & 502(c))
  • Finnegan v. Trans World Airlines, Inc., 767 F. Supp. 867 (N.D. Ill. 1991), aff’d, 967 F.2d 1161 (7th Cir. 1992) (summary judgment in favor of employer in a case where a 1700 plaintiff class alleged age discrimination with respect to a reduction in the maximum number of vacation days employees are eligible to receive)
  • UAW v. Keystone Consolidated Industries, Inc., 793 F.2d 810 (7th Cir. 1986) (pension plan contribution waiver under ERISA, 29 U.S.C. § 1083)
  • Vallone v. CNA Financial Corp., No. 98 C 7108, 2003 WL 1720020 (N.D. Ill. March 28, 2003) (summary judgment awarded in breach of fiduciary duty case based on alleged misrepresentations in connection with retiree medical benefits), aff’d, 375 F.3d 623 (7th Cir. 2004), cert. denied, 125 S. Ct. 670 (2004)
  • Vallone, et al. v. CNA Financial Corp., No. 98 C 7108, 2003 WL 1720020 (N.D. Ill., December 28, 2000) (summary judgment granted on multiple ERISA count class action alleging unlawful change to retiree medical benefits)
  • Vallone v. CNA Financial Corp., 76 F. Supp.2d 864 (N.D. Ill. 1999) (plan participants excused from exhausting plan remedies based on claims of other participants; however, they were bound by the administrative determinations with respect to those other plan participants)
  • Hutchins v. Caterpillar, Inc., et al., No. 98-1147, 2000 WL 33341459 (C.D. Ill. 2000) (summary judgment awarded in multi-count ERISA lawsuit seeking disability and retirement benefits)
  • Johnson v. Republic Engineered Steels, Inc. &

Publications

  • Co-Author, NLRB Breathes New Life Into Employee Participation Committees, Vol. 27, No. 3 Employee Relations Law Journal at p. 127 (Winter 2001)
  • Co-Author, Levitz Furniture: NLRB Rewrites the Book on Employer Efforts to Oust Incumbent Unions, Vol. 27 No. 2 Employee Relations Law Journal at p. 31 (Autumn 2001)
  • Co-Author, Navigating Through the Final and New COBRA Regulations, Employee Relations Law Journal Vol. 25, No. 3 at p. 77 (Winter 1999)
  • Co-Author, Geissal v. Moore Medical Corp. - The Supreme Court Resolves Dual Coverage Issue, Benefits Law Journal Vol. 11, No. 3 at p. 97 (Autumn 1998) (republished in the ISBA Employee Benefits Section Newsletter, April 1999 Vol. 17   No. 2)
  • Author, O’Connor v. Consolidated Coin Caterers Corp. - Supreme Court Establishes New Prima Facie Burden For ADEA Plaintiffs To Satisfy, Vol. 22 No. 2 Employee Relations Law Journal at p. 95 (Autumn 1996)
  • Co-Author, Employment Discrimination Law in the Public Sector, Employment Discrimination (Ill. Inst. for CLE, 1996)
  • Co-Author, Managing the Risk and Liability of Wrongful Employment Practices through Insurance, Vol. 21 No. 2 Employee Relations Law Journal at p. 7 (Autumn, 1995)
  • Author, Minimizing Employee Benefits Litigation Through Effective Claims Administration Procedures, Vol. 20 No. 3 Employee Relations Law Journal at p. 421 (Winter, 1994/95)
  • Illinois State Bar Association Labor and Employment Law Newsletter, Vol. 31, No. 3 (February, 1994), reprint of amicus brief filed on behalf of the Chicagoland Chamber of Commerce in Geise v. The Phoenix Company of Chicago, Inc.
  • Author, The Department of Human Rights’ Power to Issue Complaints, Illinois Bar Journal, Vol. 82 No. 2 at p. 78 (February, 1994)
  • Co-Author, Private Arbitration As The Exclusive Means Of  Resolving Employment-Related Disputes, Vol. 19, No. 2 Employee Relations Law Journal p. 205 (Autumn 1993) (cited in 109 Harvard L. Rev. 1568 (May, 1996), 9 Admin. L. J. American U. 1007 (1996), 25 Seton Hall L. Rev. 1496 (1995), 23 Hofstra L. Rev. 913 (Summer, 1995),     47 Baylor L. Rev. 591 (Summer, 1995), 54 La. L. Rev. 1533 (July, 1994))
  • Author, Electromation: A Setback To Employee Participation Programs, 9 The Labor Lawyer 209 (1993) (cited in 40 St. Louis L. Rev. 119 (Winter, 1996), 63 U. Cin. L. Rev. 1379 (1995), D. Devaney (NLRB Member), Much Ado About Section 8(a)(2): The NLRB and Workplace Cooperation After Electromation and du Pont, Stetson Law Review, Vol. XXIII, No. 1 at p. 43 n. 21 (Fall 1993))
  • Co-Author, Federal Employment Laws and Regulations, Chapter 3 - Discrimination in Employment (American Chamber of Commerce Publishers 1993)
  • Co-Author, Employment Discrimination, Chapter 1 - The Civil Rights Act of 1991 & Chapter 8 - Affirmative Action for Federal Contractors and Subcontractors (American Chamber of Commerce Publishers 1993)
  • Author, Reinstatement Of The Sexual Harasser: The Conflict Between Federal Labor Law And Title VII, Vol. 18, No. 4 Employee Relations Law Journal p. 617 (Spring 1993) (cited in 69 Temple L. Rev. 303 (Spring, 1996), 21 Pepperdine L. Rev. 447 (1994), 73 Nebraska L. Rev. 812 (1994))
  • Author, The Growing Judicial Acceptance Of Summary Judgments In Age Discrimination Cases, Vol. 18, No. 2 Employee Relations Law Journal p. 245 (Autumn 1992) (cited in 81 Cornell L. Rev. 530 (1996), 74 North Carolina L. Rev. 267 (1995), 93 Mich. L. Rev. 2229))
  • Author, Fortino v. Quasar Co.: Are Japanese-Owned Companies Immune From Title VII?, Vol. 18, No. 1 Employee Relations Law Journal p. 61 (Summer 1992)
  • Co-Author, More Lawsuits Forecast in Wake of Civil Rights Act of 1991, Chicago Lawyer (April, 1992)
  • Co-Author, The Civil Rights Act of 1991: An Overview And Analysis, 8 The Labor Lawyer 9 (1992) (cited in 39 Villanova L. Rev. 123 (1994), 24 New Mexico L. Rev. 89 (Winter, 1994), 42 Cleveland State L. Rev. 539 (1994))
  • Co-Author, Employment Discrimination Law in the Public Sector, Employment Discrimination (Ill. Inst. for CLE, 2000) (including 2004 Supplement)
  • Author, A Comprehensive Review of Seventh Circuit Labor and Employment Law Decisions, 1981-82 Term, 59 Chi. Kent L. Rev. 625 (1983)
  • Co-Author, The Proper Role of Res Judicata and Collateral Estoppel in Title VII Suits, 79 Mich. L. Rev. 1485 (1981) (cited by the United States Supreme Court in Kremer v. Chemical Construction Corp., 456 U.S. 461, 486 n. 2 (1982)), the Seventh Circuit Court of Appeals in Buckhalter v. Pepsi-Cola General Bottlers, Inc., 768 F.2d 842, 849 n. 49 (7th Cir. 1985), and the Fourth Circuit Court of Appeals in Moosavi v. Fairfax County Board of Education, 666 F.2d 58, 60 n. 1 (4th Cir. 1981)) (also cited in 84 Nw. U. L. Rev. 774 (Winter, 1990), 65 Ind. L. J. 367 (Spring, 1990), 81 Nw. U. L. Rev. 220 (Winter, 1987), 71 Iowa L. Rev. 1473 (July, 1986), 70 Minn. L. Rev. 979 (May, 1996), 57 S. Cal. L. Rev. 840 (September, 1984), 51 Fordham L. Rev. 1374 (May, 1993), 58 Ind. L. J. 59 (Winter, 1982))

Recognitions

  • 2006 Inductee in College of Labor and Employment Lawyers
  • Recognized as a leading lawyer in Labor and Employment in Illinois in Chambers & Partners USA: America’s Leading Business Lawyers (2003-09)
  • Member of Leading Lawyers Network – Illinois Management Labor Law (2005-07)
  • International Bar Association Who’s Who League Table (2006) (Management Labour & Employment)
  • Best Attorneys Network, Labor and Employment

 

The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and no certificate, award or recognition is a requirement to practice law in Illinois.