Our Cases

Employment Discrimination and Wrongful Termination

Kolstad v. American Dental Association, 527 U.S. 526 (1999)(standard governing eligibility of plaintiffs for awards of punitive damages in federal civil-rights suits)

Estes v. Georgetown University, 231 F. Supp. 279 (D.D.C. 2002)(jury verdict of compensatory damages and $1 million in punitive damages for claims of sex discrimination and retaliation)

Jenson v. Eveleth Taconite Co., 130 F.3d 1287 (8^th Cir. 1997)(appellate briefing of psychic damage issues in first-ever class sexual harassment suit.  See C. Bingham & L. Gansler, Class Action (2002)

In re Pepco Employment Litigation, C.A. No. 86-603 (D.D.C.) (represented subclass of females on claims of discrimination against black and female employees and applicants culminating in what was the largest class settlement of discrimination claims in the District of Columbia)

Detroit Police Officers Association v. Young, 920 F. Supp. 755 (E.D. Mich. 1995)(handled successful defense of constitutional challenge by white officers to affirmative-action promotions of police officers)

NAACP v. Detroit Police Officers Ass’n and City of Detroit, 900 F.2d 903 (6^th Cir.), cert. denied, 498 U.S. 983 (1990)(conducted successful defense of constitutional challenge to lay-offs of minority police officers)

Bowles v. National Ass’n of Home Builders, 224 F.R.D. 246 (D.D.C. 2004)(waiver of attorney-client and work-product by defendants relating to our client’s claims of tortious interference and civil conspiracy to cause wrongful termination)

Grosswald v. American College of Obstetricians and Gynecologists, C.A. No. 4212-95 (Sup. Ct. of Dist. of Col.)(defense of terminated employee’s claims of discrimination and retaliation in violation of D.C. Human Rights Act culminating in summary judgment for defendant)

Moore v. United Mine Workers of America, 717 A.2d 332 (D.C. 1998)(handled union’s appeal from judgment awarding compensatory and punitive damages for sex discrimination gaining reversal of punitive damage award)

Kersey v. Washington Metropolitan Area Transit Authority, et al., C.A. No. 96-2639 (D.D.C.)(handling defense of union co-defendant in former bus driver’s suit claiming violation of the Americans With Disabilities Act)

Askey v. Drake Beam Morin, et al., Superior Ct. No. 030004781 (Age Discrimination Act action settled on very favorable terms after Defendants were directed to produce emails and other crucial documents)

McDevitt v. National Football League Player’s Association, et al., San Francisco Ct. No. C.A.No. 04-434191; N.D. Cal. No. C-04-04912 SBA (defense of sexual harassment claim successfully removed to federal court on grounds that in-state defendant was fraudulent jointly; case settled promptly thereafter)

Thomas v. National Football League Player’s Association, D.D.C. No. 91-3332 (multiple plaintiff claims under Title VII reduced to one claim and limited backpay recovery), affirmed in part, reversed in part, 131 F.3d 198 (D.C.Cir. 1997)

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Workplace Injuries and Wrongful Death

Ashley v. Adkins and Island Creek Coal Co., C. A. No. 82-CI-329 (Hindman Cty. Ky. Cir. Ct.) aff’d, Old Republic Ins. Co. v. Ashley, 722 S.W.2d 55 (Ky. App. 1986)(multi-million dollar settlement for widows and survivors of victims of coal-mine explosion upheld).

Mersing v. National Mine Equipment, C.A. No. 79-C-879 (Monongalia Cty. W. Va. Cir. Ct.)(represented plaintiff coal miner in products-liability suit, settled after verdict for plaintiff, for traumatic injuries incurred while operating defectively-designed underground mining equipment).

Hurd v. Hitachi Construction Machinery, C.A. No. 96-199J (W.D. Pa.)(achieved multi-million dollar settlement of product-liability action against Japanese manufacturer and its domestic subsidiary for widow and surviving children of coal mine equipment operator; case involved difficult issues of discovery of highly technical engineering documents accessible only in Japanese)

Rasnick v. Pittston Co., Inc., 237 Va. 658, 379 S.E. 2d 353 (1989)(our representation of widows and survivors of miners killed in a methane-gas explosion, which sought to overturn two decades of adverse decisions, was ultimately unsuccessful in the Virginia Supreme Court)

Prater v. National Mine Service, C.A. No. 95-275 (E.D. Ky.)(products-liability suit for widow and surviving children of underground coal miner killed while operating man carrier manufactured by defendants; settled at outset of trial after selection of jury)

Liller v. Cummins-Wagner, et al., C.A. No. 90-C-55 (Monongalia Cty. W.Va. Cir. Ct.)(represented personal representative in settled wrongful death action arising from death of employee in compressor explosion at state-owned ski lodge)

Baker v. Elkem Metals, Case No. 2000 CV 442 (Ct. of Common Pleas, Ashtabula Cty., Ohio)(co-counsel in prosecution of intentional tort claim arising from traumatic workplace injuries suffered while loading pressurized tanker)

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Labor Antitrust

Brown v. Pro Football, Inc., 518 U.S. 231 (1996)(tried antitrust claims for class of “practice squad” football players resulting in treble damage verdict of $30 million against NFL Clubs; judgment ultimately reversed based on non-statutory labor exemption to antitrust liability)

Tice v. Pro Football, Inc., 812 F. Supp. 255 (D.D.C. 1993)(represented class in price-fixing claims based on NFL Clubs’ agreement to pay fixed salaries to veteran players for the pre-season; settled for $5 million as part of comprehensive settlement of player-related litigation)

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Health and Pension Benefits

Bidwill v. Garvey, 943 F.2d 498 (4^th Cir. 1991), cert. denied, 502 U.S. 1099 (affirmance of $30 million judgment for delinquent pension payments)

Ambromovage v. United Mine Workers of America, 726 F.2d 972 (3^rd Cir. 1984)(handled successful culmination of defense of union in twenty-year, multimillion dollar, pension derivative suit)

Jordan et al. v. Michigan Conference of Teamsters Welfare Fund, et al., CIV 96-73113 (E.D. Mich.)(represented class of participants and beneficiaries in ERISA action claiming pervasive fiduciary breaches in management of fund; settled with entry of consent decree requiring far-reaching restructuring of the defendant Fund)

International Union of Electronic etc. Workers v. MagneTek, Inc., C.A. No. 90-C-0663 (E.D. Wis.)(represented class of employees in suit to recover loss of retirement income resulting from failure of junk bonds that financed employer’s leveraged buyout)

United Mine Workers of America v. Allied Corporation, 765 F.2d 412 (4^th Cir.)(en banc), cert. denied, 473 U.S. 905 (1985)(represented union in suit requiring employer to provide continuing retiree health coverage as remedy for violation of collectively-bargained successorship provision)

Safran v. USX and United Steelworkers, C.A. No. 87-2191 (W.D. Pa.)(represented class of plaintiffs in hybrid/DFR, ERISA suit claiming that employer systematically “contracted out” work in violation of collective bargaining agreement and that union unlawfully failed to take employees’ grievance to arbitration)

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Attorney's Fees

Save Our Cumberland Mountains v. Hodel, 857 F.2d 1516 (D.C. Cir. 1988)(“SOCM”)(en banc)(public-interest attorneys entitled to receive attorney-fee awards for representation of “prevailing plaintiffs” based on “market rates” of similarly qualified attorneys; led to development of “matrix” of hourly rates for determining statutory fees in federal and local courts in District of Columbia and administrative proceedings)

Chewning v. Hodel, C.A. No. 76-334 (D.D.C.)(fee counsel for eleven law firms representing subclasses of female professional employees in remedy proceedings to determine individual back pay entitlement in class sex discrimination suit against U.S. Department of Energy)

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Miscellaneous Civil Litigation

Sportsolution, Inc. v. National Football League Players Association, M.D. Fla. No. 98-01154-CV-ORL-22C, rev’d in part, vacated in part, 54 Fed. Appx. 689 (11^th Cir. 2002)(represented union in defense of claims of breach of contract, promissory estoppel and unjust enrichment and prosecution of counterclaims; jury verdict rejected plaintiff’s claims in their entirety and found for our client on counterclaims; district court’s refusal to enter disgorgement order and injunctive relief was reversed)

Peterson v. Kennedy, 771 F.2d 1244 (9^th Cir. 1985), cert. denied, 475 U.S. 1122 (1986)(following jury trial in San Diego, court ruled for our client and the Ninth Circuit affirmed, establishing widely followed principle that the performance of in-house attorneys for unions is governed exclusively by the duty of fair representation and is not subject to claims of legal malpractice)

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Union Democracy

Sadlowski v. United Steelworkers, 457 U.S. 102 (1982)(together with the late Joe Rauh, represented union reformer in challenge to union rule prohibiting candidate for union office from receiving campaign contributions from nonmembers of union)

Local 6885, APWU v. American Postal Workers Union, 665 F.2d 1098 (D.C. Cir. 1981)(represented plaintiff class on claim that denial of right to ratify collective bargaining agreement violated union members’ “bill of rights”)

Regan v. Williams, 1986 WL 8413 (W.D. Pa. 1986)(secured preliminary injunction on behalf of  officers of local union lifting unwarranted trusteeship imposed without hearing by United Steelworkers parent union)

Belue v. United Auto Workers of America, 699 F.Supp. 1398 (E.D.Mo. 1988)(plaintiffs successfully challenged imposition of trusteeship by International Union before its Public Review Board and in federal court)