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Examples Of Our Work

Disclaimer: The cases cited below represent results achieved in each specific case. This is not a representation of any future success. Each case is decided on its own set of facts and merits.

To discuss your options and to learn more about how Bennett P. Allen, LLC, can help, call our office toll-free at 888-339-0443 or 513-878-1799 today. You may also reach us by email by filling out our online contact form.

Labor

Allied Construction Industries v. City of Cincinnati, Laborers Local 265 (Intervenor). 879 F. 3d 215 (6th Circuit 2018). (represented Intervenor Laborers Local 265 in successfully appealing, in obtaining reversal of district court and in ultimate successful defense of the city of Cincinnati’s “Responsible Bidder Ordinance.” In ACI v. Cincinnati the 6th Circuit adopted the “market participant” doctrine as an exception to ERISA preemption, joining the 9th and 5th Circuits. Summary judgment granted to City and Laborers Local 265 on remand to the district court.

Pickens, et al., v. Metaltek International, Inc., et al., Case: 3:15-cv-02429 (N.D. Ohio, July 27, 2016) (stipulated dismissal with prejudice of IAM District 54 and IAM Local Lodge 2159 from a lawsuit brought by former employees alleging breach of the duty of fair representation)

Hamilton v. IBEW Local Union No. 1347, et al., 2014 U.S. Dist. LEXIS 109834 (S.D. Ohio, August 8, 2014) (obtained summary judgment in favor of union against plaintiff employee alleging claim that union breached its duty of fair representation)

Perez v. IBEW Local Union No. 82, Case: 3:13-cv-00012 (S.D. Ohio, May 8, 2014) (reached a stipulated settlement with the U.S. Department of Labor halting prosecution of Labor-Management Reporting and Disclosure Act (LMRDA) claims against union officers and avoiding election rerun)

Tucker v. City of Fairfield, 398 F.3d 457 (6th Circuit 2005) (affirming grant of preliminary injunction prohibiting the city on First Amendment grounds from enforcing a municipal ordinance against Tucker and the union in their use of a rat balloon in labor demonstrations against an employer in a public right of way and holding “there is no question that the use of a rat balloon to publicize a labor protest is constitutionally protected expression within the parameters of the First Amendment, especially given the symbol’s close nexus to the union’s message.”)

Employment

Oberfoell, et al., v. Horseshoe Cincinnati Management LLC, Case No. 1:14-cv-666 (S.D. Ohio, June 1, 2016) (obtained a $775,000 settlement on behalf of a class of over 100 current and former table game supervisors for claims of unpaid overtime hours worked)

Mercier, et al., v. U.S.A, 786 F.3d 971 (Federal Circuit Court of Appeals, May 15, 2015) (overturned a lower court’s dismissal of overtime claims on behalf of Title 38 nurses; established precedent and standard for overtime eligibility under Title 38 overtime provisions; litigation currently ongoing before the U.S. Court of Federal Claims)

Bogner, et al., v. Precision Broadband Installations, Inc., Case No. 2:12-cv-00431 (S.D. Ohio, December 17, 2013) (obtained a $1.2 million settlement on behalf of a class of over 1,000 current and former cable installers for claims of unpaid overtime hours worked)

Employee Benefits

Thomas, et al., v. Paragon Family Practice, Case: 5:13-cv-00253 (E.D. Kentucky, 2016) (permanent injunction obtained on behalf of medical clinic employees whose health coverage was terminated without notice and where employee contributions had continued to be deducted from paychecks. Injunction enforced against corporations and individual owners)

Bailey et al. v. AK Steel, (S.D. Ohio, September 22, 2006) Preliminary injunction granted to the class of 4,800 retired AK Steel employees against significant reductions in retiree health care coverage; action for breach of collective bargaining agreements and ERISA. Class settlement in the amount of $663 million to retiree VEBA trust approved. 2008 U.S. Dist. LEXIS 16704 (S.D. OH February 21, 2008). Settlement affirmed by 6th Circuit (unpublished) March 2009

Horn et al. v. McQueen, et al., 215 F.Supp. 2d 867 (W.D. Ky 2002) (Recovery of $20,669,927 from two former trustees of U.S. Corrections Corp. ESOP for breaches of fiduciary duty and prohibited transactions under ERISA)

In the News

  • Former Tiger Dumpling workers sue over wages, The Cincinnati Enquirer (October 19, 2016)
  • Nurses sue, say VA’s not paying overtime, The Cincinnati Enquirer (August 17, 2015)
  • Cincinnati casino workers file lawsuit, Cincinnati Business Courier (August 10, 2015)
  • Union files lawsuit over streetcar contract, The Cincinnati Enquirer (July 1, 2015)