NOTABLE CASES & PUBLISHED ARTICLES

Notable Cases

B. Dahlenburg Bonar’s attorneys are proud of our accomplishments in the employment litigation field. The following is a list of recent notable cases in which the attorneys of B. Dahlenburg Bonar, P.S.C. were successful in obtaining a favorable result for their clients.

• Nagy, et al. v. Wal-Mart – This wage and hour class action lawsuit, filed on behalf of all Wal-Mart employees who worked in the retail and distribution centers in Kentucky (over 200,000 employees), alleged that Wal-Mart failed to pay its employees for all time worked “off the clock”. This lawsuit was settled at a floor amount of $19,000,000, and monies are being paid out in 2010.
  
  
• United States, ex rel. Robert Liter v. Pfizer – This qui tam claim filed on behalf of the United States alleged that Pfizer unlawfully marketed the prescription drug, Lyrica for off-label uses. This claim, settled in November, 2009 in conjunction with ten other similar lawsuits filed against Pfizer, resulted in a $2.3 billion dollar settlement, including over $100 million dollars in awards to the various relators.
  
  
• Denier, et al. v. Commonwealth Orthopaedic Centers, Inc. - Plaintiffs Robin Denier and Jennifer Compian asserted claims of sexual harassment and retaliation after being terminated from their employment. In a jury trial, Denier and Compian were awarded one of the largest jury verdicts in Kenton County Court history for an employment claim, or almost $1.3 million. Their attorney fees were awarded separately by the Court.

In addition to these few notable cases, we are also currently handling or have recently successfully resolved the following types of claims:

• Whistleblower and qui tam cases against both public and private entities.
• Multi-plaintiff sexual discrimination and harassment, including exposure to pornography, sexting, sexual touching and a hostile work environment.
• Disability discrimination, including failure to promote, or to accommodate.
• Age discrimination and retaliation.
• Religious harassment, including failure to accommodate religious beliefs.
• Enforcement of non-compete agreements for corporate clients and relief from unfair non-complete agreements for individual employees.
• Hazing in a sorority setting.
• Slip and fall in a retail store.
• Enforcement of executive compensation agreements.
• Pursuit of wage and hour violations.
• Unemployment benefits hearings.
• Paramour preference claims (management favoring love-interests).
• Litigating invasion of privacy claims.
• Improper internet usage in the workplace.
• Pregnancy discrimination and harassment.
• Denial of FMLA/FMLA retaliation.

The majority of our cases are settled confidentially. Therefore, while we cannot share the details of all matters we are currently handling or that we have successfully resolved for our clients, the above list is a flavor of the type of matters that we handle.

Published Articles

The Advocate Published by Kentucky Academy of Trial Attorneys
January, 1999	"Screening The Clients With Care"
April, 1999	"Plaintiff's Employment Practice: A Tiger By The Tail"
July, 2001	"Union Underwear, Inc. v. Barnart: Kentucky Supreme Court Rules No Extraterritorial Application for Civil Rights Statute"
January, 2002	"Mandatory Arbitration: Our Civil Rights Bygone?"
April, 2002	“Combating Juror Bias In An Employment Discrimination Case”
May, 2002	"Adjust Your Trial Approach to Address Prejudice of Seated Jurors"
September, 2002	"The Chill of Restrictive Covenants for Departing Employees"
March/April, 2003	“Blowing The Whistle-Private And Public Claims”
August, 2003	“Anatomy Of An Employment Settlement Agreement”
June, 2004	“Proof Of Emotional Distress From Sexual Harassment: A Woman's Perspective”
July/August, 2004	“Building Your Employment Discrimination Case Through Discovery”
September/October, 2005	“Title VII Employment Discrimination Cases: Untangling the Web of Sexual Harassment and Constructive Discharge Claims”
January/February, 2006	“What, Me Worry? When an Employer’s Insufficient Response to Harassment Claims Results in Liability”
May/June, 2006	“Contractual Nature of Personnel Handbooks: Kentucky Recognizes Employee Reliance on Employer Policies”
September/October, 2006	“Communications with Employers of Adverse Parties From an Ethical Perspective”
January/February, 2007	“After ‘Hoffman Plastics’: Enforcement of the Employment Law Rights of Illegal Immigrant Workers”
May/June, 2007	“Hope I Die Before I Get Old: The Difficulty of Bringing a Successful Disparate Impact Claim Under the Age Discrimination in Employment Act”
December, 2007	“Evolution Of ADR In Employment Litigation: Is It Taking Over?”
August, 2008	“Who’s Blowing The Whistle In Kentucky?”
Kentucky Bench & Bar Published By the Kentucky Bar Association
September, 1992	"Kentucky Courts Meet Sexual Harassment/Discrimination Verdicts"
March 1993	"The Parental Kidnapping Prevention Act: More Peaks Than Pitfalls?"
May 1997	"The Juror's Perspective in Sex Discrimination Cases: Subjective or Objective?"
July 1999	"Chief Justice Robert F. Stephens"
September, 2008	“Now That’s Courage Mr. Lincoln”
November, 2008	“What Is All This Talk About the Rule of Law”
Cincinnati Woman Magazine
January 1999	"When Do I know When it is Time to Complain?"
February 1999	"Sex in the Workplace: What Every Woman Should Know"
June 1999	"The Living Will and Health Care Proxy"
November 1999	"The Motto of Marriage Dissolution - Be Prepared: Getting Smart Before You Approach the Legal Process"
May 2000	"Ready, Set, Wait a Minute: A Guide to Starting a Small Business"
October 2000	"When You Are Injured: A Step By Step Guide to How Our Legal System Addresses Your Claim"
December 2000	"Understanding the Family and medical Leave Act"
February 2001	"Parents Have Fundamental Rights Regarding Visitation for Children"
April 2001	"Personal E-Mail at Work: What Rights Employers & Employees Have"
June 2001	"Understanding Prenuptial Agreements"
August 2001	"Overtime Pay for Salaried Employees"
March 2002	"Job Security and Lessons from 2001"
July 2002	"Surviving a Courtroom Appearance"
August 2002	"The Art of Choosing Your Attorney"
Others
January 1999	Kentucky Law Update from The Kentucky Bar Association, "Sexual Harassment Update"