ROBERT W. MORGAN

DETROIT OFFICE


Education

  • B.B.A., University of Michigan, 1968
  • J.D., University of Toledo College of Law, 1974

Bar & Court Admissions

  • State of Michigan
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Western District of Michigan
  • U.S. District Court, Northern District of Indiana
  • U.S. Court of Appeals, Sixth Circuit

Professional Memberships

  • State Bar of Michigan – Labor Law section
  • American Bar Association – Labor Law section and Committee on Development of Law under the National Labor Relations Act.

Notable Court Decisions

Hensley v. The Cold Heading Co., 2007 US Dist LEXIS 37446 (ED Mich 2007)
Former employee brought a LMRA hybrid Section 301 action against his employer alleging employer breach of the collective bargaining agreement and in-house union breach of its duty of fair representation. U.S. District Court granted summary disposition to the employer.

Clanton v. General Products Corp., 2005 Mich App LEXIS 1984 (2005)
Former CFO brought a breach of contract action against employer alleging entitlement to a contractual severance package based on a substantial adverse change in his duties. Appellate court affirmed dismissal of the action as a matter of law when it was found the former CFO failed to plead, and could not prove, that a condition precedent had been satisfied.

Michigan Educ. Ass’n v. Christian Bros. Institute of Michigan, 267 Mich App 660 (2005)

Kyro v. General Products Corp.,2005 US Dist LEXIS 13906 (ED Mich. 2005)
Widow’s breach of contract claim against husband’s employer for denial of contractual medical and insurance benefits was preempted by ERISA and barred by her failure to exhaust administrative remedies.

Kassab v. Aetna Industries, 2002 US App LEXIS 26568 (6th Cir 2002)
Former employee brought a LMRA hybrid Section 301 action against his employer alleging employer breach of the collective bargaining agreement and his union breach of its duty of fair representation. Appellate court affirmed the lower court’s grant of summary judgment to the employer, and remanded granting of sanction to employer for further finding of fact.

Perez v. United Airlines, Inc., 1999 US Dist LEXIS 17987 (ED Mich 1999)
Former employee failed to establish a prima facie case of race discrimination under Title VII when he failed to establish similarly situated members of an unprotected class and or show employer’s reason for termination was pretext.

Goins v. Ajax Metal Processing, Inc., 984 F Supp 1057 (ED Mich 1997)
Former employee’s state law claim for wrongful discharge against his employer was preempted by the Section 301 of the LMRA and was remover to federal court. U. S. District Court granted summary judgment to employer for employee’s failure to bring the action within the applicable 6-month statute of limitations.

Steele v. Cold Heading Co., 125 Mich App 199 (1983)
Former employee brought a breach of contract action against his employer for denial of a profit-based bonus. Appellate court affirmed trial courts grant of summary judgment to employer based on his failure to meet the condition precedent of being employed through the end of the fiscal year.

Robert W. Morgan
Sr. Attorney

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

Robert W. Morgan
Sr. Attorney

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

Education

  • B.B.A., University of Michigan, 1968
  • J.D., University of Toledo College of Law, 1974

Bar & Court Admissions

  • State of Michigan
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Western District of Michigan
  • U.S. District Court, Northern District of Indiana
  • U.S. Court of Appeals, Sixth Circuit

Professional Memberships

  • State Bar of Michigan – Labor Law section
  • American Bar Association – Labor Law section and Committee on Development of Law under the National Labor Relations Act.

Notable Court Decisions

Hensley v. The Cold Heading Co., 2007 US Dist LEXIS 37446 (ED Mich 2007)
Former employee brought a LMRA hybrid Section 301 action against his employer alleging employer breach of the collective bargaining agreement and in-house union breach of its duty of fair representation. U.S. District Court granted summary disposition to the employer.

Clanton v. General Products Corp., 2005 Mich App LEXIS 1984 (2005)
Former CFO brought a breach of contract action against employer alleging entitlement to a contractual severance package based on a substantial adverse change in his duties. Appellate court affirmed dismissal of the action as a matter of law when it was found the former CFO failed to plead, and could not prove, that a condition precedent had been satisfied.

Michigan Educ. Ass’n v. Christian Bros. Institute of Michigan, 267 Mich App 660 (2005)

Kyro v. General Products Corp.,2005 US Dist LEXIS 13906 (ED Mich. 2005)
Widow’s breach of contract claim against husband’s employer for denial of contractual medical and insurance benefits was preempted by ERISA and barred by her failure to exhaust administrative remedies.

Kassab v. Aetna Industries, 2002 US App LEXIS 26568 (6th Cir 2002)
Former employee brought a LMRA hybrid Section 301 action against his employer alleging employer breach of the collective bargaining agreement and his union breach of its duty of fair representation. Appellate court affirmed the lower court’s grant of summary judgment to the employer, and remanded granting of sanction to employer for further finding of fact.

Perez v. United Airlines, Inc., 1999 US Dist LEXIS 17987 (ED Mich 1999)
Former employee failed to establish a prima facie case of race discrimination under Title VII when he failed to establish similarly situated members of an unprotected class and or show employer’s reason for termination was pretext.

Goins v. Ajax Metal Processing, Inc., 984 F Supp 1057 (ED Mich 1997)
Former employee’s state law claim for wrongful discharge against his employer was preempted by the Section 301 of the LMRA and was remover to federal court. U. S. District Court granted summary judgment to employer for employee’s failure to bring the action within the applicable 6-month statute of limitations.

Steele v. Cold Heading Co., 125 Mich App 199 (1983)
Former employee brought a breach of contract action against his employer for denial of a profit-based bonus. Appellate court affirmed trial courts grant of summary judgment to employer based on his failure to meet the condition precedent of being employed through the end of the fiscal year.

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...

Attorney Sheryl Laughren presented at the Annual HSAWC Fund Meeting.

Berry Moorman P.C. Labor and Employment attorney Sheryl Laughren recently presented at the Annual HSAWC Fund Meeting. Sheryl Laughren, a member of Berry Moorman’s Labor and Employment Law Practice group recently conducted a presentation to the members of the Human...

FIRM OFFICES

Contact UsLearn More