Representative Cases

ERISA Benefits

$3 million dollar settlement obtained in action under ERISA and Section 301 of the Labor Management Relations Act for class of retirees whose retiree welfare benefits were terminated despite continuation language in a series of collective bargaining agreements.

$415,000.00 settlement obtained in class action lawsuit involving ERISA information requests and service calculation issues for a class of former employees.

Personal Injury

$900,000.00 settlement obtained for an elderly woman involved in a significant motor vehicle collision.

$200,000.00 settlement obtained for a mother and minor daughter involved in a roll over motor vehicle collision.

American Continental Ins. Co. v. Estate of Gerkens, 69 Ohio App. 3d 697, 591 N.E. 2d 774 (Ohio App. 3rd Dist. 1990). Appellate court overturned trial court’s holding for defendant insurance company in an airplane accident.

McKee v. Williams, 23 Ohio App. 3d 187, 492 N.E. 2d 461 (Ohio App. 10th Dist. 1985). Appellate court overturned summary judgment which allowed dental patient to bring a malpractice claim against her dentist.

Public Employee Retirement and Disability

State ex rel. Bertaux v. State Teachers Retirement Sys. Bd. of Ohio, 2012-Ohio-5900 (Ohio App. 10th Dist. 2012). Teacher, who was receiving disability benefits from the Ohio State Teachers Retirement System (STRS), moved to Florida and received training as a behavior analyst, a position which did not require a teaching license. STRS claimed that her position as a behavior analyst qualified as that of a “teacher,” so she was obligated to reimburse STRS for disability benefits she received. Court found that the STRS Board failed to support why Bertaux’s employment as a behavior analyst qualified as duties of a “teacher” under STRS’ interpretation of Ohio Rev. Code §§ 3307.01 and 3307.64.

Private Sector Labor and Employment

Wooddell v. IBEW Local 71, 502 U.S. 93 (1991). Court determined that Petitioner was entitled to a jury trial for his claims under the Labor Management Reporting and Disclosure Act.

Emswiler v. CSX Transp., Inc., 691 F.3d 782 (6th Cir. 2012). Court of Appeals upheld summary judgment in favor of union and employer regarding employee’s claims for breach of the collective bargaining agreement, breach of the duty of fair representation and disability discrimination, because the employee failed to exhaust mandatory arbitral remedies under the Railway Labor Act.

Public Sector Labor and Employment

Neuens v. City of Columbus, 303 F.3d 667 (6th Cir. 2002). District court’s opinion was reversed, vacated, and remanded for further review of police officer’s conduct with respect to whether other facts suggested that he acted under color of state law.

State ex rel. Dispatch Printing Co. v. Johnson, 106 Ohio St. 3d 160 (2005). Newspaper sought writ of mandamus to compel state agencies to release home addresses of state employees. Ohio Supreme Court determined that home addresses of state employees are not public records.

Ft. Frye Teachers Assn., OEA/NEA v. State Emp. Relations Bd., 102 Ohio St. 3d 283 (2004). Court of Appeals decided that the Ohio State Employment Relations Board (SERB) and others were collaterally estopped from finding that the Board of Education did not commit an unfair labor practice (ULP) against the teacher in a suit brought by the union, and that a civil rights claim no-damage award barred any ULP damages by res judicata. The Ohio Supreme Court affirmed the part of the decision that found that the SERB was required to find that an ULP occurred, but reversed the part that found that damages were precluded.

Ft. Frye Teachers Assn. v. State Emp. Relations Bd., 81 Ohio St. 3d 392 (1998). Teacher was a staunch supporter of the union’s strike over the terms of a collective bargaining agreement. After the strike was over, the employer school board declined to renew the teacher’s employment contract. The Supreme Court of Ohio agreed with the appellate court that the school board was collaterally estopped by a jury verdict in federal court from relitigating the issue of its motivation in refusing to renew the teacher’s limited teaching contract.

State Emp. Relations Bd. v. Adena Local School Dist. Bd. of Edn., 66 Ohio St. 485 (1993). Court dismissed the petition to compel Board of Police Commissioners of the City of Toledo to turn over books, papers, and documents to city commissioners.

South Community Inc. v. State Emp. Relations Bd., 38 Ohio St. 3d 224 (1988). Appellant State Employment Relations Board (SERB) sought review of an order from the Court of Appeals for Franklin County, Ohio, which, in an action challenging the exclusion of several employees from a collective bargaining election, held that appeals concerning the manner in which an election was held fell within the general language of Ohio Rev. Code § 4117.02(M), and were therefore appealable pursuant to Ohio Rev. Code § 119.12.