Litigation Defense

Jim successfully represents clients before the U.S. Equal Employment Opportunity Commission  and similar state agencies, and before the National Labor Relations Board and Department of Justice.  He litigates employment cases on behalf of clients in federal and state court, at trial and on appeal, involving claims under, among others, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act, the Equal Pay Act, the Fair Labor Standards Act, and various state statutory and common law theories.  Jim has successfully litigated the enforcement of arbitration agreements and arbitrated disputes arising from collectively-bargained and non-collectively bargained employment contracts.  As examples: 

U.S. District Court for the District Court of New Jersey & Arbitration before the American Arbitration Association (“AAA”)

~     Obtained stay of federal court action and order compelling arbitration.

~     Persuaded AAA Arbitrator to enforce 1-year limitation in arbitration agreement, resulting in dismissal of disability discrimination claim under the New Jersey Law Against Discrimination.

U.S. District Court for the Eastern District of Pennsylvania

~     Achieved dismissal of ADEA claim as untimely, despite plaintiff’s assertion that employer failed to display required notice. 

U.S. District Court for the Eastern District of New York & U.S. Court of Appeals for the Second Circuit

~     Secured summary judgment, and affirmance thereof, on race and national origin discrimination claims by demonstrating that the employee’s demotion was based upon legitimate, non-discriminatory reasons that the employee could not prove pretextual.

U.S. District Court for the Northern District of Illinois

~     Persuaded federal court to enforce 1-year limitation in arbitration agreement, resulting in dismissal with prejudice of ADEA claim.

U.S. District Court for the Middle District of Pennsylvania & U.S. Court of Appeals for the Third Circuit

~     Argued and attained summary judgment, and affirmation thereof, on hostile work environment claim where alleged harasser was generally gruff and the plaintiff complained of actions that did not evidence sex-based animus. 

U.S. District Court for the Eastern District of Pennsylvania & U.S. Court of Appeals for the Third Circuit

~     Obtained dismissal, and affirmance thereof, on claims under Title VII, Section 1981, the N.Y. Civil Rights Law, and the common law filed by a customer against a retailer based on its suspicion that the customer had shoplifted. 

U.S. District Court for the Northern District of Illinois

~     Secured summary judgment on race discrimination claims under Title VII based largely on admissions extracted at plaintiff’s deposition. 

U.S. District Court for the Eastern District of Pennsylvania & U.S. Court of Appeals for the Third Circuit

~     Argued and obtained judgment as a matter of law at the close of plaintiff’s case, and affirmation thereof, in ADEA constructive discharge claim, where plaintiff complained of minor workplace tribulations that did not evidence age animus. 

U.S. District Court for the District of New Jersey

~     Obtained dismissal of Complaint asserting claims of race and age discrimination because the Complaint, Amended Complaint, and subsequent filings failed to state a claim.  Persuaded the court to deny plaintiff’s request for discovery to file a second amended complaint. 

U.S. District Court for the Eastern District of Pennsylvania

~     Obtained defense verdict on ADEA discriminatory discharge claim where employee was laid off as a result of decision to outsource duties, including those plaintiff had performed.  Participated in trial as second chair.


Please note that any discussion, on this page or elsewhere on this website, of prior results does not guarantee similar outcomes in the future.

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