Proven Success
Businesses of all sizes rely on our Employment Litigation team to manage employment-related disputes. Examples of our Employment Litigation team’s successes include:
Trial Victories
- Won jury verdict in favor of trucking industry employer in lawsuit filed by former employee who alleged that his termination violated Michigan’s Whistleblower Protection Act
- Won jury verdict in favor of employer, a recreational motorsports dealer, in lawsuit by former employee alleging that he was terminated as a result of age discrimination
- Won jury verdict in favor of employer in former employee’s claim for allegedly unpaid overtime under the Fair Labor Standards Act. Also won jury verdict in favor of the employer’s owner and president, who were sued individually
- Won jury verdict in favor of employer against former shareholder and management employees on claims of conversion and breach of fiduciary duty related to misappropriation of a business opportunity. Award recovered included treble damages and attorneys’ fees
- Won jury verdict in breach of contract case, in which former employees claimed breach of a severance agreement; judgment was affirmed by the Sixth Circuit Court of Appeals in 452 Fed. App. 677
- Won jury redirect in favor of utility contractor employer in gender discrimination and retaliation case, resulting in “no cause” jury verdict for the employer
- Won jury verdict in favor of manufacturer in FMLA case
Pre-Trial Victories
- Won summary judgment in pension benefits class action – involving claims under the Employee Retirement Income Security Act and the Labor Management Relations Act – related to facility purchased in bankruptcy sale
- Won denial of preliminary injunction, and later summary disposition of all claims, in action against surgeon for alleged breach of covenant not to compete
- Won summary judgment in race discrimination case under Title VII of the Civil Rights Act of 1964 and Michigan’s Elliott-Larsen Civil Rights Act, affirmed by the Sixth Circuit Court of Appeals 580 F.3rd 394 (6th Cir. 2009)
- Won summary judgment in Whistleblower Protection Act and sex discrimination case
- Won summary judgment in FMLA interference and retaliation case
Arbitration Victories
- Obtained injunction to prevent solicitation of clients by financial advisor who left employer to start competing business, then won money damages award in arbitration to compensate employer for the wrongful solicitation of clients and other damages
- Won $26 million arbitration award in suit arising out of non-compete, non-solicit and trade secret claims. Report at 2008 WL 5386774; 2010 WL 3927661
- Won award in favor of employer in AAA arbitration involving claim for severance pay by former company executive
- Won award in favor of employer in AAA arbitration involving claims by former company president for benefits under Employee Stock Ownership Plan, claims of breach of fiduciary duty, breach of duty of disclosure under the Employee Retirement Income Security Act and common law claims
Testimonials
“Dean Pacific is a knowledgeable, passionate and attentive employment attorney. Over the last five years, Dean has assisted and advised SpartanNash on a number of employment-related issues and successfully represented its interest in employment related arbitrations and litigation.
“Whether engaged to provide legal advice or to represent our interests in arbitrations or litigation, Dean is always well prepared and passionate in his defense of our interests. He works hard to understand the facts of each legal question he is presented with, simplifies and explains the applicable law and listens attentively for the related business challenges. He works alongside us to find the right business solution to the legal challenge posed.
“Dean is prompt in his response to calls and e-mails and works hard at finding ways to minimize the business disruption that sometimes accompanies legal challenges. Whether it’s traveling to one of our business locations or arranging and coordinating a conference call, he understands and is sensitive to the everyday demands that come with operating a business. He works hard at accommodating the operational realities of business and incorporates our needs into his overall plan. I would highly recommend Dean Pacific for his legal acumen, preparation and attentiveness and overall sensitivity to the needs and demands of business.” – Jose C. Rosario, Director of Labor Relations, SpartanNash
“Amanda (Fielder) is a great labor attorney. She is very knowledgeable of the law, she keeps us informed every step of the way when we are involved in litigation, and she makes an uncomfortable situation – trying a labor dispute in court – seem very comfortable. She gives us peace of mind. Amanda also understands our corporate culture and perspective on labor issues, works hard to meet our needs and gets the best results for our company. On top of all that, she has educated our management team on labor issues so that we can avoid problems in the future.” – Human resources and safety manager at an industrial supply firm
“What I like about working with Warner Norcross & Judd is that I do not have to worry about minute details. I can rely on them to handle the details and I appreciate their explanations in laymen’s terms. Additionally I recognize their integrity for always wanting to do what is best for the client.” – Frank Rinderspacher, General Manager, Hark Orchids
“Dean Pacific has worked with us for a number of years and has proven to be a responsive, reliable and level headed advisor. We’ve had nothing but good experiences with him.” – General Counsel for a consumer goods manufacturer
- Non-Compete vs. Non-Solicitation Agreements: “The Devil’s In the Details”Warner Employment News From the Law Shanty