Cases
Experience: Federal Court: Kraatz v. Munich Reinsurance America, Inc., et als., United States District Court, Northern Dist. of Texas. March 9, 2016
Civil Action No. 15-2125
motion to dismiss granted in employment discrimination case under the Texas Commission on Human Rights Act.
Lees v. Munich Reinsurance America, Inc., United States District Court, D. New Jersey. January 13, 2016 Slip Copy 2016 WL 164611 CIV. 14-2532 MAS
obtained summary judgment resulting in final
full dismissal in ERISA litigation respecting plaintiff's claimed entitlement to pension credit
benefits.
Lees v. Munich Reinsurance America, Inc., United States District Court, D. New Jersey. March 9, 2015 Not Reported in F. Supp.3d 2015 WL 1021299 CIV. 14-2532 MAS
obtained partial dismissal in ERISA litigation claiming entitlement to certain pension credit
benefits.
Morien v. Munich Reinsurance America, Inc., et als., United States District Court, D. Conn. October 2, 2013
obtained summary judgment in ERISA litigation.
Hunter v. Duff & Phelps Acquisitions, LLC, et als., United States District Court, Northern District of Texas. August 5, 2010
Civil Action No. 09-0062-P
successfully obtained denial of plaintiff's application for temporary restraints
defeated plaintiff's application at trial for preliminary
permanent injunctive relief in non-competition
non-solicitation case.
Profumo v. Alliance for Community Health, LLC, 2013 WL 3984498 (E.D.Mo., August 1, 2013)
obtained summary judgment dismissing various breach of contract claims.
Lees v. Munich Reinsurance America, Inc., United States District Court, D. New Jersey. April 09, 2012 Slip Copy 2012 WL 1183694 CIV. 11-3764 AET
obtained dismissal in ERISA litigation claiming entitlement to certain pension credit
benefits.
Carter v. Biomat USA, United States District Court, E.D. Pennsylvania. February 24, 2012 Slip Copy 2012 WL 606822 CIV.A. 10-4479
obtained summary judgment dismissing race discrimination
retaliation claims.
Cooper v. Biomat USA, United States District Court, E.D. Pennsylvania. August 31, 2011 Not Reported in F.Supp.2d 2011 WL 3875613 CIV.A. 10-5356
obtained summary judgment dismissing race discrimination case.
Anthony v. Duff & Phelps Corp., United States Court of Appeals, Third Circuit. June 22, 2011 432 Fed.Appx. 140 2011 WL 2507813 10-3743
Third Circuit Court of Appeals affirmed summary judgment dismissing national origin discrimination case.
Monaco v. Quest Diagnostics, Inc., 2010 WL 3843622 (D.Kan. Sept. 24, 2010)
obtained summary judgment dismissing disability discrimination case.
Ramirez v. Olympic Health Management Systems, Inc., 610 F.Supp.2d 1266 (E.D.Wash. 2009)
obtained summary judgment dismissing constructive discharge
retaliation claims.
Bintliff-Ritchie v. American Reinsurance Co., 285 Fed.Appx. 940, 2008 WL 2699703 (3rd Cir. 2008)
Third Circuit Court of Appeals affirmed summary judgment dismissing former employee's claims of gender discrimination, unpaid wages
fraud.
Boyle v. Quest Diagnostics Incorporated, 2008 WL 2242443 (D.N.J. May 29, 2008)
obtained summary judgment dismissing plaintiff's breach of contract
CEPA claims.
Bray v. Pharmacia Corp./Pfizer, Inc., 231 Fed.Appx. 132 (3rd Cir. 2007)
Third Circuit Court of Appeals affirmed summary judgment dismissing sex, age,
disability discrimination suit.
Zheng v. Quest Diagnostics, Inc., 248 Fed.Appx. 416, 2007 WL 2745771 (3rd Cir. 2007)
Third Circuit Court of Appeals affirmed summary judgment dismissing defamation
false light invasion of privacy.
In both class
collective action, obtained dismissal of undocumented workers' RICO claims against a Fortune 50 Retailer.
Obtained dismissal in multi-plaintiff suit of various common law claims asseting promissory estoppel
tortious interference with business relationships.
Nachtsheim v. Continental Airlines, 111 Fed.Appx. 113, 2004 WL 2203978 (3rd Cir. 2004)
Third Circuit Court of Appeals affirmed summary judgment dismissing age discrimination
various breach of contract claims.
Brown v. Reed Elsevier Inc., 75 Fed.Appx. 869, 2003 WL 22120998 (3rd Cir. 2003)
Third Circuit Court of Appeals affirmed summary judgment dismissing claims for alleged disability discrimination, breach of contract, breach of the covenant of good faith
fair dealing
misrepresentation.
Joyce v. RJR Nabisco Holdings Corp., 126 F.3d 166 (3rd Cir. 1997)
Third Circuit Court of Appeals affirmed summary judgment dismissing various ERISA claims.
State Court: Reilly v. Duff & Phelps, LLC, et al, State of Wisconsin, Circuit Court, Milwaukee County
May 20, 2015
Case No. 2015-cv-2360
successfully obtained temporary
preliminary injunctive relief against former executive, including award of all attorneys' fees
costs.
Fattoross v. Trustees of Princeton University, Superior Court of NJ, Law Div, May 23, 2014, MER-L-1842-11
obtained summary judgment dismissing age
h
icap discrimination claims.
Blakey v. Continental Airlines, Inc., 164 N.J. 38 (2000)
in l
mark case, New Jersey Supreme Court reversed Appellate Division's judgment in favor of Continental Airlines, holding that employers could be held liable for coworker workplace harassment arising out of conduct on company's remote electronic bulletin boards.
Kuszmaul v. Sterling Life Ins. Co., Supreme Court of Montana. July 20, 2012 365 Mont. 390 282 P.3d 665 DA 11-0500
Montana Supreme Court upheld summary judgment in this action arising under Montana's unique wrongful discharge statute.
Brunner v. Vertis, Inc., 2008 WL 4963509 (App. Div. Nov. 24, 2008)
obtained summary judgment dismissing action concerning discrimination based on sexual orientation. Appellate division affirmed.
Cerderia v. Martindale-Hubbell, 402 N.J. Super 486 (App. Div. 2008)
obtained summary judgment in sexual harassment action. Appellate division reversed, leading to three week jury trial where, as lead trial counsel, company prevailed with a no cause verdict.
Mersmann v. Continental Airlines, Inc., 2006 WL 507842 (App.Div. Mar. 3, 2006)
summary judgment affirmed dismissing age
sex discrimination case.
The above representations were h
led by Mr. Bernstein prior to his joining Greenberg Traurig, LLP.
