Cases
Representative Matters: Won summary judgment on behalf of client, Bally's Twin River Lincoln Casino Resort. A former table games supervisor for Bally's brought claims against Bally's for alleged violations of the Family Medical Leave Act
its Rhode Isl
counterpart, the Rhode Isl
Parental
Family Medical Leave Act,
for alleged disability discrimination in violation of the Rhode Isl
Civil Rights Act. AP&S moved for summary judgment on Bally's behalf. In granting the motion, U.S. District Court Judge Mary S. McElroy rendered a complete
resounding victory for Bally's, entering summary judgment in Bally's favor on all of the plaintiff's claims. Brian Ingraham v. UTGR, Inc. d/b/a Bally's Twin River Lincoln Casino Resort.
Won summary judgment on behalf of client, Cox Communications, in an age discrimination case. Michael Jardin v. CoxCom, LLC d/b/a Cox Communications New Engl
, C.A. No. 17-097-JJM (D.R.I., July 30, 2018).
Successfully represents both of Rhode Isl
's only licensed gaming facilities in collective bargaining negotiations with the various unions that represent the gaming facilities' employees.
Won summary judgment for employer-client in U.S. District Court in case where highly compensated plaintiff-former employee alleged FMLA, disability discrimination
gender discrimination claims. Well in excess of $1 million in potential monetary damages was at stake. Reilly v. Cox Enterprises, Inc., et al., C.A. No. 13-785-S, 2016 U.S. Dist. Lexis 25110
26 Wage & Hour Cases 2d (BNA) 375 (D.R.I. March 1, 2016).
Represented lender group in connection with refinancing of resort casino. Representation included advising client with regard to state gaming laws
regulations, creation
perfection of security interests in associated real property, personal property, licensure
securities. Assisted client in connection with interaction with relevant state gaming authorities.
Successfully argued in Rhode Isl
Superior Court that an agency decision which would have likely resulted in over $1 million of overtime pay liability against AP & S' client should be reversed. Frito-Lay, Inc. v. Rhode Isl
Department of Labor
Training, et al., C.A. No. PC-2012-1488, 2013 WL 1704965, (R.I. Super. CA. April, 2013).
Won summary judgment for employer-client in the U.S. District Court with respect to all claims asserted against it, including alleged violations of federal
state disability discrimination statutes
various education laws. Richardson v. Whitmarsh Corporation, A. No. 07-309-ML, 2009 WL 5178075 (D.R.I. December 29, 2009).
Won summary judgment in Rhode Isl
Superior Court on behalf of AP & S' client, the defendant-employer, in a case where the plaintiff-employee was alleging that she had been subjected to discriminatory terms
conditions of employment
constructively discharged on the basis of her race.
Obtained summary judgment from the Rhode Isl
Superior Court in favor of an employer in a case where the plaintiff-employee alleged he had been discriminated against
constructively discharged on the basis of disability.
Obtained a labor arbitration award upholding an employer's decision to discharge an employee who was terminated after she refused to complete her work shift.
Obtained a labor arbitration award upholding an employer's right under the collective bargaining agreement to make unilateral changes to its group health plan covering unionized employees.
Obtained a favorable ruling from the Rhode Isl
Department of Labor
Training in a wage case where the claimant alleged she had been wrongfully denied compensation, including unpaid wages for time allegedly worked, shift differential pay
incentive pay. Out of the many thous
s of dollars of unpaid wages sought by the claimant, the Department of Labor
Training awarded her less than fifty dollars.
