Thomas Michael Cunningham is a lawyer practicing employment litigation, employment counseling and risk avoidance, union avoidance, organizational campaigns, and nlrb proceedings and 13 other areas of law. Thomas received a B.A. degree from University of Iowa in 1981, and has been licensed for 42 years. Thomas practices at Nyemaster Goode, P.C. in Des Moines, IA.
About Thomas Michael Cunningham
Awards
Reviews for Thomas
Services
Areas of Law
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Appellate Practice
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Class Actions
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Government
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Other 13
- Employment Litigation
- Employment Counseling and Risk Avoidance
- Union Avoidance, Organizational Campaigns, and NLRB Proceedings
- Collective Bargaining, Contract Administration, and Labor Arbitration
- OSHA Compliance and Enforcement
- Trade Secret and Non-Competition
- Diversity, Affirmative Action Plan Design, and Development
- Business and Commercial Litigation
- Administrative Hearings, Arbitrations, and ADR
- Banks and Financial Institution Litigation
- Employment, Labor, and Discrimination
- Intellectual Property Litigation
- Higher Education and Title IX Law
Practice Details
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Firm InformationPositionShareholderFirm NameNyemaster Goode, P.C.
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Representative Cases & TransactionsCasesSignificant Cases: Coleman v. Select Specialty Hospital - Des Moines, Inc., No. LACL134824 (Iowa Dist. Ct. for Polk Cnty. July 5, 2017). Judgment for employer following bench trial in action alleging violation of Iowa Drug Testing Act.
Arbitration between Gelita USA, Inc.
United Food
Commercial Workers, Local 222, FMCS Case No. 160718-56532-8 (March 31, 2017) (Befort, Arb.). Denial of grievance following arbitration of discharge of union member under CBA point-based attendance
disciplinary system.
Smock v. Muscatine Center for Social Action, No. LACV023354 (Iowa Dist. Ct. for Muscatine Cnty. February 10, 2017). Co-counsel for employer who obtained summary judgment on claims of retaliatory wrongful discharge in violation of public policy.
Lansdowne v. Lakes Regional Healthcare, No. LACV 025396 (Iowa Dist. Ct. for Dickinson Cnty. June 25, 2014). Obtained summary judgment on behalf of employer on claims of wrongful termination, negligent
intentional infliction of emotional distress,
defamation.
REG Seneca, LLC v. Harden , 2013 WL 1449999 (S.D. Iowa 2013) . Obtained preliminary injunction against former employee for anticipated breach of non-compete agreement
potential disclosure /use of trade secrets.
Cort v. Kum & Go, L.C ., No. 6:11-CV-3448, 2013 WL 542813 (W.D. Mo. February 11, 2013) . Summary judgment granted for defendant for alleged Fair Labor St
ards Act violation, finding as a matter of law that convenience store managers are properly classified as executive employees exempt from overtime requirements.
Plumrose USA, Inc. , Case No. 17 RD-1803, National Labor Relations Board (2010). Co-counsel for management in successful union decertification election.
Shannon v. Barilla America, Inc ., 2008 WL 793511 (S.D. Iowa 2008) , aff'd, 300 F. App'x. 437, 105 F.E.P. Cas. (BNA) 49 (8th Cir. 2008). Summary judgment granted for defendant in age discrimination case affirmed on appeal.
Gries v. Akal Security, Inc ., 2007 WL 2710034 (N.D. Iowa 2007). Summary judgment on Plaintiff's claims of wrongful termination in violation of public policy, retaliation under the FLSA
defamation.
Amar v. Vaad Hakashrus of Crown Heights, Inc ., No. LACV024225 (Iowa Dist. Ct. Allamakee County 2006). Summary judgment on Plaintiff's claims for wrongful termination
tortious infliction of emotional distress. Decision for defense upon bench trial on Plaintiff's Petition to Enforce Arbitration Award granting reinstatement.
Vitera v. Jeld-Wen, Inc ., No. 4:02-cv-60101 (S.D.Iowa 2003). Partial summary judgment to employer on Plaintiff's claim of constructive retaliatory discharge under FMLA.
Engstr
v. Pioneer Hi-Bred Int'l, Inc ., 946 F. Supp. 1390 (S.D.Iowa 1996), aff'd per curium without opinion, 112 F.3d 513 (8th Cir. 1997). Affirming summary judgment in favor of employer in gender
age discrimination action.
Westendorf v. Target Stores , No. 72725 (Iowa Dist. Ct. Black Hawk County 1994). Wrongful termination of at-will employee. Judgment for defendant-employer at close of Plaintiff's evidence.
Diversified Fastening Sys. v. Rogge , 786 F. Supp. 1486 (N.D.Iowa 1991). Order granting preliminary injunction in favor of employer
against former corporate officer in case alleging misappropriation of trade secrets
breach of fiduciary duty.
Boge v. Ringl
-Johnson-Crowley Co ., 976 F.2d 448 (8th Cir. 1992). Determining st
ards for legal sufficiency of charge of discrimination, affirming summary judgment in favor of employer.
Experience
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Bar Admission & MembershipsAdmissions1984, Missouri
1989, Iowa
United States District Courts for: N.D. Iowa, S.D. Iowa, W.D. Missouri, D. Nebraska, C.D. Illinois, W.D. Michigan, D. Colorado
United States Courts of Appeals for the Seventh and Eighth Circuits
Supreme Court of the United States
2023, Nebraska
MembershipsProfessional and Community Affiliations
American Bar Association
Labor Section, 1994-present
Litigation Section, 1986-presentIowa State Bar Association
Federal Practice Committee, 2003-present
Chair 2004-2006Missouri Bar Association, 1984-present
Polk County Bar Association
Defense Research Institute, 1986-present
National Association of Railroad Trial Counsel, 1987-present
Iowa Defense Counsel Association, 2002-present
C. Edwin Moore American Inn of Court (Master), 2003-present
Dowling Catholic High School
Member, Board of Education, 2003-2008
President, 2005-2006West Des Moines Chamber of Commerce, 1989-2003
President, 1996
Vice President, 1995
Board of Directors, 1993-1997City of West Des Moines
Member, Board of Adjustment, 2013-present
Chair, Citizens' Advisory Committee on Capital Improvements Projects, 1996-2006 -
Education & CertificationsLaw SchoolUniversity of Iowa
Class of 1984
J.D.
with distinction
University of Iowa
Class of 1984
J.D.
with distinction
Other EducationUniversity of Iowa
Class of 1981
B.A.
with distinction
University of Iowa
Class of 1981
B.A.
with distinction
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Personal Details & HistoryAgeBorn in 1959
Des Moines, Iowa, June 23, 1959
Thomas Michael Cunningham
700 Walnut St., Ste. 1300Des Moines, IA 50309U.S.A.
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