Isleta de San Juan, San Juan, PR, U.S.A.  Photo by James G. Fannon.

Employment Litigation Defense

Mr. Fannon has more than two decades of experience successfully representing employers in state and federal court, private arbitration, before the U.S. Equal Employment Opportunity Commission (“EEOC”) and similar state agencies, and before the National Labor Relations Board and Department of Justice.  Mr. Fannon has litigated employment cases on behalf of employers in federal and state court, at trial and on appeal, involving claims under, among others, Title VII, the ADA, the ADEA, the FMLA, the Equal Pay Act, Employee Retirement Income Security Act of 1974, the FLSA, the FCRA, 42 U.S.C. § 1981, 42 U.S.C. § 1983, and various state common law theories.  Mr. Fannon has successfully litigated the enforcement of arbitration agreements and successfully arbitrated disputes under those agreements.  As examples:

American Arbitration Association ("AAA")

After four-day arbitration hearing on the merits, obtained award in favor of employer on age discrimination claim by uncovering and demonstrating factually complex surreptitious efforts by employee to conceal wrongdoing through manipulation of employer records. (AAA)

U.S. District Court, E.D. Pa. & Third Circuit Court of Appeals

In trial of age discrimination claim, argued and obtained judgment as a matter of law at the close of plaintiff’s case, and affirmation thereof, on constructive discharge claim, where plaintiff complained of minor workplace tribulations that did not evidence age animus.  (E.D. Pa., 3d Cir.)

U.S. District Court, E.D. Pa.

In trial of age discrimination claim, Mr. Fannon, participating as second chair, obtained defense verdict where employee was laid off as a result of decision to outsource duties, including those plaintiff had performed.  Participated in trial as second chair.  (E.D. Pa.).

U.S. District Court, N.J.

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. (D.N.J.)

U.S. District Court, N.D. Ill.

Persuaded federal court to enforce 1-year limitation in arbitration agreement, resulting in dismissal with prejudice of ADEA claim.  (N.D. Ill.)

U.S. District Court, D.N.J. & AAA

After obtaining stay from federal court, persuaded arbitrator to enforce 1-year limitation in arbitration agreement, resulting in dismissal of disability discrimination claim. (D.N.J., AAA)

U.S. District Court, S.D.N.Y. & Second Circuit Court of Appeals

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.  (E.D.N.Y., 2ndCir.)

U.S. District Court, M.D. Pa. & Third Circuit Court of Appeals

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 did not evidence sex-based animus.  (M.D. Pa., 3d Cir.)

U.S. District Court, E.D. Pa.

Achieved dismissal of ADEA claim as untimely, despite plaintiff’s assertion that employer failed to display required notice.  (E.D. Pa.)

U.S. District Court, E.D. Pa. & Third Circuit Court of Appeals

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.  (E.D. Pa., 3rdCir.)

U.S. District Court, N.D. Ill

Secured summary judgment on race discrimination claims under Title VII based upon admissions extracted at plaintiff’s deposition.  (N.D. Ill.)

Disclaimer

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