Court Cases

Christopher Wright v. Byron Financial LLC and William Byron, Case No. 4:14-cv-00996 (United States District Court for the Eastern District of Missouri 2015)

HesseMartone Client Byron Financial prevailed in a week long jury trial held in the United States District Court for the Eastern District of Missouri. At the conclusion of the trial, the jury issued a unanimous verdict in favor of Byron Financial on Plaintiff’s claims and awarded Byron Financial $500,000 on its counterclaims, an outstanding result.

Byron Financial was successfully represented in this case by Andy Martone (lead trial attorney), Lori Schmidt and Willie McGarry. A copy of the Judge’s Order on the jury verdict can be found here. Link to a copy of the Judge’s Order (PDF file).

Pastoriza v. Keystone Steel & Wire, et al, Case No. 15-CV-1174 (C.D. Ill. 2015).

On December 10, 2015, Keystone Steel & Wire Co. prevailed on a lawsuit in the United States District Court in the Central District of Illinois in which a former employee alleged seven federal discrimination claims against Keystone and three of its managers. The former employee filed a pro se Complaint against Keystone and his former managers after being terminated for threatening one of his managers after Keystone extended his probationary period. The Company was defended in this matter by Mike Schmitt, Abby Schwab, Katrina Morgan, and Andy Martone. A copy of the Court’s Opinion & Order can be found here. Link to copy of Court’s Opinion & Order (PDF file).

Michael Chatterton v. Beelman Ready Mix, Inc., Case No. 14-L-221 (Il. Cir. Ct. 2015).

Beelman Ready Mix, Inc. prevailed on a retaliatory discharge case filed after a former employee was discharged for crashing a Company truck into another Company vehicle parked in its parking lot. The Court granted the Company’s Motion to Dismiss the plaintiff’s Complaint in its entirety and with prejudice. The Company was defended in this matter by Adam Doerr, Matt Robinson and Andy Martone.

Shelton v. Village of Bel Nor, Case No. 4:10-CV-02146 (E.D. Mo. 2011).

On July 29, 2011 the United States District Court for the Eastern District of Missouri dismissed more than 15 employment-based civil rights claims filed by multiple plaintiffs against the Village of Bel Nor, its Chief of Police, one of its Aldermen and a Lieutenant on its police force. The Village of Bel Nor was represented by Andy Martone, Chris Hesse and a number of members of the Hesse Martone Team. Plaintiffs were represented by Chet Pleban and Lynette Petruska. Copies of the Court’s Orders can be found here. Link to copy of decision (PDF file).

Forest v. Barnes-Jewish Hospital,Case No. 1022-CC0621 (Mo.Cir.Ct. 2011).

Dan Doetzel successfully represented Barnes-Jewish Hospital in a multi-party discrimination action in the City of St. Louis Circuit Court. The Court granted Defendants’ Motions for Summary Judgment on all of Plaintiff’s claims (against multiple Defendants) and issued monetary sanctions against Plaintiff, ordering him to pay a portion of Defendants’ attorneys fees. A copy of the Court’s Order and Judgment can be found here. Link to copy of Court’s Orders and Judgment (PDF file).

Taylor v. St. Louis County Board of Election Commissioners,Case No. 09-3714 (8th Cir. 2010).

On November 1, 2010 the Eighth Circuit Court of Appeals unanimously upheld the United States District Court for the Eastern District of Missouri’s grant of summary judgment to the individual defendants. Andy Martone, John Pollard, Katrina Morgan and Abby Schwab successfully defended the St. Louis County Board of Election Commissioners and the individual members of the Board against numerous claims brought by a former Board employee, including claims brought under the Equal Pay Act and for wrongful discharge. Link to copy of decision (PDF file).

Hustedde v. Midway Arms, Inc., Case No. 09-4003-CV-C-MJW (W.D. Mo. Sept. 15, 2010.

On September 15, 2010 the United States District Court for the Western District of Missouri granted Midway USA’s Motion for Summary Judgment in the case of Hustedde vs. Midway Arms. Andy Martone and Angie Scott successfully defended Midway, with the Court ruling that Midway did not violate the Americans with Disabilities Act and dismissing all counts of Plaintiff’s Complaint and finding.Link to copy of decision (PDF file).

Gray v. Keystone Steel and Wire Co., Case No. 08-1197 (C.D. Ill. May 7, 2010).

Andy Martone and Mindy Mahn successfully defended Keystone Steel and Wire Co. against charges of race discrimination, violations of the Americans with Disabilities Act and claims of retaliation. On May 7, 2010, the Court granted Keystone’s Motion for Summary Judgment, dismissing all counts of plaintiff’s Complaint and finding that Keystone did not discriminate against the plaintiff on account of his race, violate the ADA or retaliate against the plaintiff. Link to copy of decision (PDF file).

Glemser v. Sugar Creek Realty, LLC, et al., Case No. 09-3321 (C.D. Ill. 2010).

Andy Martone and Mindy Mahn represented Defendant Sugar Creek Realty, LLC and the Company’s manager in a sexual harassment case brought under Title VII and the Illinois Human Rights Act. Andy and Mindy were successful in having the IHRA claims dismissed in their entirety and in having all claims against the individual defendant dropped from the suit. Link to copy of decision (PDF file).

Greenlee v. Delmar Gardens of Overland Park, et al., Case No. 08-2396-GLR (D. Kan. 2009).

Andy Martone represented Delmar Gardens against FMLA and employment discrimination claims brought by the pro-se Plaintiff. In his amended complaint, Plaintiff asserted all forms of employment discrimination. Even under the more liberal rules applicable to the unrepresented Plaintiff, the Court granted the Delmar Garden’s motion to dismiss the amended complaint because Plaintiff offered no facts to support any of his claims and because he did not timely file a charge of discrimination. Link to copy of decision (PDF file).

Taylor v. St. Louis County Board of Election Commissioners, et al., Case No. 4:07-1544 (E.D. Mo. 2007).

Andy Martone and John Pollard represent the St. Louis County Board of Election Commissioners and the individual Election Commissioners against claims brought by Plaintiff, a former Board Director of Elections. Plaintiff alleges wrongful employment discharge and that she was paid less than male employees who performed allegedly equal work under similar working conditions in violation of the Equal Pay Act. On September 6, 2007, the Board of Election Commissioners and the individual Commissioners filed their Joint Motion to Dismiss. On January 29, 2008, the Court dismissed Plaintiff’s wrongful discharge claim against the Board of Election Commissioners, as well as each of the individual Commissioners in their official capacity, because both are protected by the doctrine of sovereign immunity. In addition, the Court dismissed Plaintiff’s Equal Pay Act claim against the individual Commissioners, because there is no individual liability under the Equal Pay Act. Link to copy of decision (PDF file).

Evans v. Barnes-Jewish Hospital, slip op. (8th Cir. 2005) (not published in Federal Reporter).

Chris Hesse and Dan Doetzel represented Barnes-Jewish Hospital against claims under the Family and Medical Leave Act and state law. The Court of Appeals affirmed the trial court’s decision to grant summary judgment in favor of all the defendants. Link to copy of the decision from the website of the Court of Appeals (PDF file).

Pedigo v. National Cart Co., Inc. 95 Fed. Appx. 847 (8th Cir. 2004) (not published n Federal Reporter).

Andy Martone and Dan Doetzel represented National Cart Co., Inc. in a claim against it for racial harassment. The Court of Appeals held that the trial court correctly granted summary judgment in favor of National Cart Co., Inc. because plaintiff could not show National Cart knew or should have known of the racial harassment and could not show National Cart failed to take adequate corrective measures. Link to copy of the decision from the website of the Court of Appeals (PDF file).

Eggering v. Delmar Gardens Enterprises, Inc., 105 S.W.3d 853 (Mo. App. 2003).

Andy Martone represented Delmar Gardens Enterprises, Inc. The employee was disqualified for unemployment benefits because she left work with the employer voluntarily, without good cause attributable to her work or employer. The Court of Appeals granted the motion to dismiss the appeal because the employee failed to file her notice of appeal in a timely manner. Reprinted from Westlaw with permission of Thompson/West (PDF file).

Nanninga v. Keystone Consolidated Industries, Inc. d/b/a Keystone Steel and Wire Company, Case No. 1:02-CV-1026 (C.D. IL. 2003).

Andy Martone represented Keystone Steel and Wire in a claim brought by a former Union employee. The former employee initially filed a union grievance protesting his discharge and demanding reinstatement. While arbitration was still proceeding, the grievant signed a Release and Resignation Agreement, resigning from his position and releasing the employer from any claims arising before or on the date of the execution of the release. The arbitration proceeded, with the arbitrator finding in favor of grievant, ordering his reinstatement. The employer refused to reinstate, claiming that the arbitration was not enforceable because of the signed release. Grievant filed suit in state court seeking declaratory judgment that Keystone could not use the release in its defense. Keystone removed the case to Federal court, stating that plaintiff’s claim was preempted by Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185(a). Both parties filed motions for summary judgment. The Court agreed with Keystone that plaintiff had not brought a duty of fair representation claim against the union and thus did not have standing to bring a claim under Section 301. The Court, therefore, granted summary judgment in favor of Keystone on the Section 301 claim and dismissed plaintiff’s remaining claims without prejudice, claiming lack of jurisdiction. Link to copy of decision (PDF file).

Reynolds v. Delmar Gardens of Lenexa, Inc., Case No. 02-2039 (D. Kan. Jan. 2, 2003).

Andy Martone and Dan Doetzel represented defendant Delmar Gardens of Lenexa, Inc. in an age discrimination suit brought against it by plaintiff. The trial court granted defendant’s motion for summary judgment. Reprinted from Westlaw with permission of Thompson/West (PDF file).

Viking Supply v. National Cart Company, 310 F.3d 1092 (8th Cir. 2002).

Andy Martone (who argued the case on appeal) and Marvin Lindmark were co-counsel for National Cart Company. The trial court had granted summary judgment in favor of National Cart Company on plaintiff’s claims for breach of contract and on National Cart’s counterclaim for amounts owed. The Court of Appeals affirmed the decision of the trial court. Link to copy of the decision from the website of the Court of Appeals (PDF file).

Williamson v. Essex Group, Inc., Case No. 4:98-CV-1962 (E.D. Mo. June 21, 2002).

Michael Bobroff and Marvin Lindmark represented defendant Essex Group, Inc. against race discrimination, racial harassment and retaliation claims by multiple plaintiffs. The trial court granted summary judgment in favor of Essex Group, Inc. Link to copy of the memorandum and order granting summary judgment (PDF file).

Brown v. Southern Equipment Company, 989 F. Supp. 1018 (E.D. Mo. 1997).

Andy Martone represented defendant Southern Equipment Company against claims of race discrimination arising from the discharge of an employee. The trial court granted defendant’s motion for summary judgment because the employee had not shown any adverse action where he was reinstated with back pay as a result of arbitration. Reprinted from Westlaw with permission of Thompson/West (PDF file).

Crider v. Spectrulite Consortium, Inc., 130 F.3d 1238 (7th Cir. 1997).

Andy Martone represented defendant Spectrulite Consortium, Inc. in a Section 301/duty of fair representation suit. The employee claimed his discharge violated Section 301 of the Labor-Management Relations Act. The trial court found the employer had just cause to discharge the employee for insubordination; it granted summary judgment to the employer. The Court of Appeals affirmed this decision. Reprinted from Westlaw with permission of Thompson/West (PDF file).

Clay v. Consumer Programs, Inc., 576 F.Supp. 185 (E.D. Mo. 1983).

Michael Bobroff represented defendant Consumer Programs, Inc. in a lawsuit by an employee claiming he was denied a promotion due to his race and national origin. At the conclusion of the trial, the court entered judgment in favor of defendant, finding the employee failed to establish his claims of discrimination and retaliation. Reprinted from Westlaw with permission of Thompson/West (PDF file).

Aluminum Workers Int’l Union, Local Union No. 215 v. Consolidated Aluminum Corp., 696 F.2d 437 (6th Cir. 1982).

Michael Bobroff represented defendant Consolidated Aluminum Corp. in a dispute over the reorganization by the Employer of job classifications. The trial court had issued an injunction at the Union’s request, barring the Employer from implementing the reorganization until the dispute could be arbitrated. However, the Court of Appeals agreed with Consolidated Aluminum, vacating the injunction and remanding the case to the trial court to determine the employer’s damages. Reprinted from Westlaw with permission of Thompson/West (PDF file).

Williams v. Evangelical Retirement Homes of Greater St. Louis, 476 F. Supp. 440 (E.D. Mo. 1979).

Michael Bobroff represented the Employer in a civil rights action by a black former employee, obtaining a judgment for the Employer after a trial. Reprinted from Westlaw with permission of Thompson/West (PDF file).

EEOC v. Liberty Loan Corp., 584 F.2d 853 (8th Cir. 1978).

Michael Bobroff represented Liberty Loan Corporation against a suit by the EEOC alleging discrimination against female employees under Title VII of the Civil Rights Act of 1964, as amended. The Court of Appeals affirmed the grant of summary judgment in favor of the Employer by the trial court. Reprinted from Westlaw with permission of Thompson/West (PDF file).

NLRB v. Unifemme, Inc., 570 F.2d 230 (8th Cir. 1978).

Michael Bobroff represented Unifemme, Inc. against unfair labor practice charges filed by the Union under Section 8(a)(5) of the National Labor Relations Act. Although the NLRB ruled against the Employer, the Court of Appeals refused to enforce the Board’s order, finding in favor of the Employer. Reprinted from Westlaw with permission of Thompson/West (PDF file).