DAVID M. FOY

DETROIT OFFICE


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.

David M. Foy
Shareholder

DETROIT OFFICE 
Ph: (313) 496-1200
Fax: (313) 496-1300

David M. Foy
Shareholder

DETROIT OFFICE 
Ph: (313) 496-1200
Fax: (313) 496-1300

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 & PUBLICATIONS


FMLA Case Law Update for Employers

By David M. Foy, Esq. No Good Deed Goes Unpunished After Leave Given to Ineligible Employee In 2018, the Sixth Circuit Court of Appeals considered whether summary judgment was warranted where an employee was terminated after she was unable to return to work on a...

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