Marshall and Morrow LLC

Representative Cases of Louis A. Jacobs
Of Counsel

Robert Brooks v. Selective Insurance Co. of America, Inc., et al.; Case No. C2-03-625:
Retaliation and wrongful discharge in violation of the Family Medical Leave Act; case resolved in June 2004

Kim Bucher v. American Electric Power, Inc., et al.; Case No. 03CVC-03-3678:
Wrongful discharge and wrongful demotion case against electric company; case resolved in April 2004

Judith A. Chenoweth v. Wal-Mart Stores, Inc.; Case No. C2-00-353:
FMLA/COBRA action in which plaintiff’s husband suffered a stroke, requiring leave; plaintiff was fired after allegedly not returning medical documentation substantiating need for leave within designated time period. Motion for summary judgment filed by Wal-Mart denied and motion for summary judgment filed by plaintiff on COBRA claim is granted and attorney’s fees awarded; resolved December 2001

Misty Chester v. Canyon Medical Center; Case No. 02CVH-11-12991: Pregnancy discrimination and retaliation case against medical center; case resolved in July 2003

Willis G. Crowley v. Wyle Laboratories, Inc.; Case No. C2-01-0164:
Represented an employee in Family and Medical Leave Act and wrongful termination case; resolved November 2001

Joelle L. Davis, et al. v. Outback Steakhouse of Florida, Inc., et al.; Case No. 97CVG08-7537:
Seven-plaintiff sexual harassment and sex discrimination case against Outback Steakhouse, including verbal and physical harassment; defendants’ motion for summary judgment was denied

Kathleen L. Dean et al. v. Ohio Department of Natural Resources; Case No. 2002-09102:
(Court of Claims of Ohio): Six-plaintiff hostile work environment case against the State of Ohio, including constructive and wrongful discharge; case resolved in January 2003

Mary Jo Eyink, et al. v. James Conrad, et al.; Case Nos. 96CVH09-6967 and 00-APE-03-318 (10th Dist.):
Ten-plaintiff Fair Labor Standards Act case against the Ohio Bureau of Workers’ Compensation for unpaid overtime; defendants moved for summary judgment, which was denied by Judge Travis; defendants appealed, and case was remanded for trial; following trial, final judgment entered for plaintiffs

Shirley Fluhr, et al. v. P.M. One Ltd., Inc., et al.; Case No. 00CVH09-8327: Five-plaintiff sexual harassment and wrongful termination case against Woodland Meadows Apartment Complex; plaintiffs all lived in and were cleaning personnel for the complex, and upon their resignations and reports of sexual harassment, the company attempted to evict them; resolved in October 2001

Ellen Geverts v. Goodwill Columbus; Case No. C2-03-679:
Retaliation and wrongful discharge in violation of the Family Medical Leave Act and disability discrimination case; case resolved in March 2004

Susan Green v. TriCon Global Restaurants, Inc., et al.; Case No. 00CVH09-7979:
Sex discrimination, retaliation, sexual harassment and wrongful termination case against Pizza Hut; plaintiff was retaliated against and eventually fired for reporting discriminatory performance evaluations and work assignments; resolved in January 2002

Dawn Hagelee, et al. v. G.C. Services, Inc., et al.; Case No. C2-01-0243:
Co-counsel for fourteen-plaintiff sexual harassment case; resolved August 2001

Pamela L. Harmon, et al. v. GZK, Inc., et al.; Case No. 99-2602 (Montgomery Cty. C.P.):
Three-plaintiff sexual harassment case against Lee’s Famous Recipe Chicken restaurant; defendants moved for summary judgment, which was granted; Second District Court of Appeals reversed; Harmon v. GZK, Inc., 2002 WL 191598 (Montgomery Cty. 2002); after two-week trial in January and February 2003, case resolved during jury deliberations; read about the case here

Kimethia Hill v. Huntington Bancshares, Inc.; Case No. C2-02-1197:
Equal Pay Act and retaliation case against Huntington; after complaints of sex discrimination and unequal pay, plaintiff was told her position had been eliminated and given choice of demotion or resignation; case resolved in January 2004

Margaret Hines v. Ohio State University, College of Medicine; Case No. C2-94-1088:
Age and gender discrimination case of female professor who was passed over for promotion from Associate Professor to Full Professor for thirteen years; defendants moved for summary judgment, which was granted by Judge Holschuh; plaintiff appealed to Sixth Circuit and case was remanded for trial; case was resolved in September 2000

William W. James et al. v. Lawrence County General Hospital; Case No. 01 OC-205:
Class action lawsuit representing all persons employed by Lawrence County General Hospital and Lawrence County Medical Center from January 1, 2000 to the present. Plaintiffs claims included breach of contract and compensation for accrued but unused vacation pay; resolved in January 2003

Donald E. Jefferson v. United States Postal Service, et al.; Case No. C2-97-1396:
Sexual harassment, hostile work environment, and retaliation case of a Postmaster who was retaliated against and eventually fired by a manager with whom he had ended a romantic relationship; resolved in January 2000

Abigail Kiracofe, et al. v. Strader's Garden Center, Inc., et al.; Case No. 03CVH-06-6822:
Three-plaintiff hostile work environment/sexual harassment case against a garden center and its manager, including verbal and physical harassment, case resolved in April 2004

Esther Larrison, et al. v. Xanterra Parks & Resorts, Inc., et al.; Case No. 03CV367 (Guernsey County Common Pleas Court):
Six-plaintiff sexual harassment/hostile work environment case against the country's largest park and resort management company; case resolved in July 2004

Bradley L. McCloud, et al. v. Joseph W. Testa, et al.; Case No. C2-92-658:
Eight-plaintiff wrongful termination/political patronage case against the Franklin County Auditor; appealed to Sixth Circuit twice; case resolved for $800,000 to plaintiffs in January 2001

Donna Menigat, et al. v. Fairfield Medical Center, et al.; Case No. 03-CV-458 (Fairfield County Common Pleas Court):
Three-plaintiff age discrimination, breach of contract and promissory estoppel case against medical center; case resolved in March 2004

Michael D. Nihiser v. Ohio Environment Protection Agency; Case Nos. C2-94-1258 (U.S.D.C.), 97-3933 (Sixth Circuit Court of Appeals) and 01-1357 (U.S. Supreme Court):
Disability discrimination case; went through various appeals to Sixth Circuit Court of Appeals and United States Supreme Court; remanded for trial October 2002; resolved in September 2002; read about the case here

Laura Sanders v. AT&T Corp.; Case No. C2-02-880:
Americans with Disability Act case against telephone company; case resolved in August 2004

David B. Shaver v. Wolske & Blue, et al.; Case Nos. 97CVC01-1500 and 99APE-03-0331 (10th Dist.):
Disability discrimination/wrongful termination case; plaintiff-attorney at law firm was fired while on disability leave for depression; Tenth District Court of Appeals remanded case for trial; resolved in October 2001

Kristie Smith v. Friendship Village of Dublin, Inc.; Case Nos. 00-1456 and 00-1553:
Disability discrimination action. Responsible for writing the Supreme Court of Ohio Brief on the Merits. Also, responsible for representing Ms. Smith in oral argument before the Supreme Court of Ohio on May 16, 2001. The issue was whether plaintiff-appellant was barred from filing her complaint with the trial court pursuant to R.C. 4112.99 because she had previously filed an administrative claim pursuant to R.C. 4112.05. The Court unanimously held in the plaintiff’s favor; read about the case here

Jacci Snyder, et al. v. Decapua Enterprises, Inc., et al.; Case No. 02-CVH-05-5918:
Two-plaintiff work environment/sexual harassment case against an employment agency, case resolved in October 2003

Pavlova Sterry v. Safe Auto Ins. Co.; Case No. C2-02-1271: Age discrimination (failure to hire) case against insurance company; case resolved in July 2004; read about the case here

Janet Swank v. Home Moving & Storage, et al.; Case No. 99CVC-04-2759:
Sex harassment against, constructive discharge, negligent supervision, wrongful discharge case against employer. Defendant moved for summary judgment, which was denied by Judge Fais; case resolved in November 2000

Tammy L. Vandergriff v. Nationwide Life Ins. Co.; Case No. C2-00-193:
FMLA action in which plaintiff was fired for allegedly taking leave for her severe respiratory illnesses; plaintiff took less than twelve (12) weeks of leave, yet was fired; case resolved February 2001

Donald G. Wexler v. White's Fine Furniture, Inc.; Case Nos. C2-98-379 and 99-3929 (Sixth Circuit Court of Appeals):
Age discrimination case against furniture company who demoted him from the position he previously held, and instead hired a far-less qualified person more than twenty (20) years his junior; defendants' motion for summary judgement was granted, to which plaintiff appealed; Sixth Circuit affirmed that district court's decision; plaintiff filed a petition for rehearing en banc, which was granted; Sixth Circuit reversed its earlier decision, and remanded the case to district court for trial; read about the case here

Shirley Wingrove, et al. v. Cpt. Christopher E. Forshey and the Washington County Sheriff's Department, et al.; Case No. C2-01-1142:
Wrongful death action against sheriff's department and two sheriff's deputies; defendants moved for summary judgment on excessive force, wrongful death and survivorship claims, which was denied; case was resolved in May 2003

Barbara S. Young v. JustiCorp; Case No. C2-02-1033:
Workers' compensation retaliation and disability discrimination case against a medical equipment company; plaintiff was terminated while off on work-related injury leave; case resolved in June 2004

Jago v. Van Curen, 454 U.S. 14:
Procedural due process claim by inmate whose grant of parole was rescinded before he was released. Defined liberty interest protected by the Fourteenth Amendment; 1981.

Rhodes v. Chapman, 452 U.S. 337:
Challenge to double-celling and overcrowding at the Southern Ohio Correctional Facility in Lucasville, Ohio. Amplified on Eighth Amendment's Cruel and Unusual Punishment Clause; 1981.

Betkerur v. Aultman Hosp. Ass'n, 78 F.3d 1079:
Racial and national origin discrimination claims under Title VII of the Civil Rights Act of 1964 brought by a foreign medical graduate who was denied a promotion; 6th Cir. 1996.

Dayton Area Visually Impaired Persons, Inc. v. Fisher, 70 F.3d 1474:
First Amendment freedom of express challenge to regulation of charitable solicitation; 6th Cir. 1995.

Vittitow v. City of Upper Arlington, 43 F.3d 1100:
First Amendment freedom of expression challenge to residential picketing ordinance enacted when anti-abortion protestors targeted a doctor's house; 6th Cir. 1995.

Rice v. ODOT, 14 F.3d 1133:
First Amendment freedom of association claim by State employee denied a position due to his political affiliation; 6th Cir. 1994.

Socks-Brunot v. Hirschvogel, Inc.:
Sexual harassment hostile work environment claim under Title VII of the Civil Rights Act of 1964; S.D. 2000.

Risinger v. Ohio Bureau of Workers' Compensation, 883 F.2d 475:
Racial and national origin discrimination produced a hostile working environment; 6th Cir. 1989.

Hudson v. Rhodes, 579 F.2d 46:
First Amendment freedom of association claim by inmates seeking the right to marry; 6th Cir. 1978.

Cooper v. General Dynamics, Convair Aerospace Division, Ft. Worth Operation, 533 F.2d 163:
Religious discrimination claim under Title VII of the Civil Rights Act of 1964 by employee whose sincerely held beliefs precluded joining a union in a closed shop; 5th Cir. 1976.

Reddy v. Good Samaritan Hosp. & Health Ctr., 137 F.Supp.2d 948:
Racial and national origin discrimination by a foreign medical graduate who was excluded from a practice group which the hospital had awarded an exclusive contract; S.D. Ohio 2000.

Stradford v. Rockwell Intern. Corp., 755 F.Supp. 760:
Racial discrimination claim under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981 by African-American employee denied equal employment opportunties; S.D. Ohio 1991.

Penn v. Rockwell Intern. Corp., 48 Fair Empl.Prac.Cas. (BNA) 624, 48 Empl. Prac. Dec. P 38,494:
Racial discrimination claim under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981 by African-American employee subject to hostile working environment; S.D. Ohio 1988.

Columbus Bar Assn. v. Moreland, 97 Ohio St.3d 492, 780 N.E.2d 579, 2002-Ohio-6726:
Ethics prosecution of attorney for improper solicitation.

Morgan v. Administrator, Ohio Bureau of Employment Services (10th App. Dist.), 1986 WL 12918:
Unemployment compensation claim by employee alleging age discrimination and concurrently suing in federal court under the Age Discrimination in Employment Act against Nationwide Insurance for that discrimination.

Wimer v. Van Houten:
Sexual harassment quid pro quo claim under Title VII of Civil Rights Act of 1964 and Ohio Laws Against Discrimination; Franklin Cty. C.P. 1994.

On behalf of plaintiffs' employment lawyers associations and civil rights organizations, Professor Emeritus Jacobs has participated in drafting more than 30 amicus or friend-of-the-court briefs in the Supreme Court of Ohio and federal courts.