Thomas Michael Cunningham

Practice Details

• Firm Information
  Position

  Shareholder

  Firm Name

  Nyemaster Goode, P.C.
• Representative Cases & Transactions
  Cases

  Significant 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.