Education
- B.A., Kalamazoo College, 1985
- J.D., cum laude, Michigan State University College of Law, 1989
MSU Law Review
Bar & Court Admissions
- State of Michigan
- U.S. Court of Appeals, Sixth Circuit
- U.S. District Court, Eastern District of Michigan
- U.S. District Court, Western District of Michigan
Professional Memberships
- American Bar Association – Labor and Employment Law section; Equal Employment Committee and Developing Labor Law Committee
- State Bar of Michigan – Labor and Employment and Health Law sections
- Detroit Metropolitan Bar Association
Notable Court Decisions
Jacobs v. NSK Corporation
Mr. Foy successfully defended NSK against plaintiff’s claims that she was discriminated against on the basis of her sex and alleged disability. She also asserted claims of retaliation, intentional and negligent infliction of emotional distress and wrongful discharge. The court granted summary disposition on all of these claims.
Guerrero v. Brickman Group, LLC
Plaintiffs brought a dual-filed FLSA collective action seeking to certify a class of several hundred workers, along with state law claims. The court denied Plaintiffs’ motion for FLSA certification, finding that the employees were not similarly-situated. The court reasoned that the employees had not even submitted a modest showing of evidence to be certified as a class. Further, the court did not believe it was appropriate to exercise supplemental jurisdiction over the state law claims where the state law issues predominated over the remaining federal claims. The high ratio of state to federal claimants weighed against the court exercising supplemental jurisdiction over the state law claims. The court also concluded that no aspect of federal immigration law was an indispensable component of any state law claim.
Smith v. Fitzsimons Manufacturing Co.
U.S. District Court granted Defendant summary judgment on Plaintiff’s hybrid 301 action, finding Federal law preempted Plaintiff’s state law breach of contract claim because it arose out of the employment relationship covered by a collective bargaining agreement. Regarding Plaintiff’s wrongful discharge claim, Plaintiff failed to allege that the third-party Defendant union breached its duty of fair representation.
E.E.O.C. v. Allendale Nursing Centre
U.S. District Court granted Defendant summary judgment on Plaintiff’s claim of religious discrimination based on the employee’s discharge for her refusal to obtain a social security number allegedly for religious reasons. The court awarded Defendant costs against the EEOC.
First American Title Ins. Co. v. Sabaugh
U.S. District Court upheld County Register of Deeds’ practice of charging fees for title records.
Tuscola County Abstract Co., Inc. v. Tuscola County Register of Deeds
Michigan Court of Appeals maintained County Register of Deeds’ statutory right to charge for copies of records.
Education
- B.A., Kalamazoo College, 1985
- J.D., cum laude, Michigan State University College of Law, 1989
MSU Law Review
Bar & Court Admissions
- State of Michigan
- U.S. Court of Appeals, Sixth Circuit
- U.S. District Court, Eastern District of Michigan
- U.S. District Court, Western District of Michigan
Professional Memberships
- American Bar Association – Labor and Employment Law section; Equal Employment Committee and Developing Labor Law Committee
- State Bar of Michigan – Labor and Employment and Health Law sections
- Detroit Metropolitan Bar Association
Notable Court Decisions
Jacobs v. NSK Corporation
Mr. Foy successfully defended NSK against plaintiff’s claims that she was discriminated against on the basis of her sex and alleged disability. She also asserted claims of retaliation, intentional and negligent infliction of emotional distress and wrongful discharge. The court granted summary disposition on all of these claims.
Guerrero v. Brickman Group, LLC
Plaintiffs brought a dual-filed FLSA collective action seeking to certify a class of several hundred workers, along with state law claims. The court denied Plaintiffs’ motion for FLSA certification, finding that the employees were not similarly-situated. The court reasoned that the employees had not even submitted a modest showing of evidence to be certified as a class. Further, the court did not believe it was appropriate to exercise supplemental jurisdiction over the state law claims where the state law issues predominated over the remaining federal claims. The high ratio of state to federal claimants weighed against the court exercising supplemental jurisdiction over the state law claims. The court also concluded that no aspect of federal immigration law was an indispensable component of any state law claim.
Smith v. Fitzsimons Manufacturing Co.
U.S. District Court granted Defendant summary judgment on Plaintiff’s hybrid 301 action, finding Federal law preempted Plaintiff’s state law breach of contract claim because it arose out of the employment relationship covered by a collective bargaining agreement. Regarding Plaintiff’s wrongful discharge claim, Plaintiff failed to allege that the third-party Defendant union breached its duty of fair representation.
E.E.O.C. v. Allendale Nursing Centre
U.S. District Court granted Defendant summary judgment on Plaintiff’s claim of religious discrimination based on the employee’s discharge for her refusal to obtain a social security number allegedly for religious reasons. The court awarded Defendant costs against the EEOC.
First American Title Ins. Co. v. Sabaugh
U.S. District Court upheld County Register of Deeds’ practice of charging fees for title records.
Tuscola County Abstract Co., Inc. v. Tuscola County Register of Deeds
Michigan Court of Appeals maintained County Register of Deeds’ statutory right to charge for copies of records.
NEWS AND PUBLICATIONS
Understanding Noncompetition Agreements and Their Enforceability in Michigan for Physicians and Dentists
In April 2024, the Federal Trade Commission is expected to announce a new rule banning noncompetition agreements. In the meantime, and, in case the rule is not implemented, we wanted to remind clients about the current state of the law. Protectible Business...
It’s Classified? – Navigating the New 2024 DOL Final Rule on Worker Classification
On January 9, 2024, the U.S. Department of Labor “DOL” published a final rule on employee or independent contractor classification under the Fair Labor Standards Act “FLSA.” The final rule is set to take effect on March 11, 2024. The 2024 rule rescinds and replaces...
Berry Moorman P.C. was one of the Sponsors of the 2023 RIM Foundation’s Go Beyond Gala benefiting the DMC Rehabilitation Institute of Michigan Hospital (RIM).
Berry Moorman P.C. Attorneys Randolph Wright, John Schrot Jr., and David Foy were among the attendees at the Rehabilitation Institute of Michigan (RIM) Foundation Gala, an annual event that brings together passionate businesses and organizations, focused on making a...
