RECENT WP&S VICTORIES

The Litigation Team at Wessels Pautsch & Sherman P.C. provides our clients with aggressive, yet responsible, advocacy in jurisdictions and venues throughout the United States. Although we have a broad national presence, we do appreciate and fully recognize the value of being intimately familiar with the local judges, opposing counsel and governmental representatives in the states where we are physically located (Illinois, Wisconsin, Minnesota, Indiana and Iowa). Over the years, we have solidified healthy relationships that serve our clients well when facing litigation. Recently, we have further strengthened these relationships with the hiring of Christina Lopez (former Staff Attorney with the National Labor Relations Board).

With the above in mind, we would like to call your attention to our mounting compilation of recent litigation victories secured by the WP&S Litigation Team across our five-state umbrella of office locations and beyond.

• Age Discrimination Claim / Breach of Contract --- Defeated multiple claims of age discrimination and breach of contract by 62 year old sales executive against a Wisconsin manufacturer. Executive demanded over $280,000.00 before filing EEOC claims in Milwaukee and suit in federal court in Sacramento, CA. Both claims dismissed without payment of any cash.

• Age Discrimination and "Tortious Interference" Complaint --- In a high stakes litigation matter involving an executive who was earning nearly 1 million per year in salary and benefits, WP&S was able to get the complaint dismissed at the very outset of litigation. By taking an aggressive approach early in the case and recognizing often overlooked procedural technicalities under Minnesota law, we were able to minimize ongoing litigation expenses for our client in what otherwise looked to be a costly and drawn out suit.

• National Origin Discrimination Complaint --- After aggressive discovery served on the complaining employee, WP&S secured enough information to move for dismissal. In our motion we argued that upon the court's granting of our motion, all fees/costs associated with the defense should be recovered from complainant (however difficult). Complainant's attorney recognized the potential nightmare ahead and convinced her client to voluntarily dismiss his complaint in order to avoid facing reimbursement of our client's defense bills.

• Disability/Handicap Discrimination Charge --- Upon the presentation of employer's rebuttal evidence showing legitimate, non-discriminatory reasons for discharge, employee withdrew complaint in exchange of a harmless neutral letter of reference.

• Sex Harassment and "Intentional Infliction of Emotional Distress" Complaint--- In a troublesome federal court case where the plaintiff named the employer as well as seven individual managers and co-workers, less than one week after a WP&S litigator took the plaintiff's deposition, her attorney reduced their settlement demand by over $200,000.00. The case wound up settling for an even smaller, nuisance value.

• US DOL Wage & Hour Audit --- WP&S argued that the US Department of Labor did not have jurisdiction to investigate a small business client under the Fair Labor Standards Act. The US DOL demanded financial and tax records supporting our client's position. WP&S "fought" against this disclosure and the US DOL walked away with no assessment made against our client.

• ERISA Lawsuit --- Successfully negotiated a settlement of $17,000.00 where liability claimed by plaintiffs began in excess of $100,000.00.

• ERISA Lawsuit --- Successfully negotiated a settlement of $18,000.00 where liability claimed by plaintiffs began in excess of $200,000.00.

• Race Discrimination Lawsuit --- In a race discrimination lawsuit filed in federal court in Texas, and against the advice of local counsel not wanting to "upset" the local judge, WP&S filed an aggressive motion to dismiss the lawsuit in its entirety. Following argument, our motion to dismiss was granted.

• Religious, National Origin and Race Discrimination Lawsuit --- WP&S secured a nuisance settlement in the middle of deposing plaintiff. Plaintiff's attorney realized that summary judgment would likely be granted to defendant and convinced her client to drop the lawsuit and accept a nominal settlement.

• Workers Compensation Indemnity Lawsuit --- WP&S secured a settlement of $500.00 on behalf of a business facing over $500,000.00 in indemnification costs related to a workers' compensation claim.

• Unemployment Claim --- WP&S defeated Wisconsin unemployment claim of over-the-road truck driver who falsified his logs. At hearing, driver claimed retaliation due to workers' compensation injury.

• Sex Harassment Claim --- Resolved sexual harassment claim of current employee of health care facility in Wisconsin on basis of severance package of $7,000.00; potential liability was over $300,000.00.