Gregory M. Kilby

Experience

• Won jury verdict in favor of Rapid-Line, Inc. on claims of unpaid overtime and retaliation under the Fair Labor Standards Act. Emmons v. Rapid-Line, Inc., No. 1:11-cv-00626-PLM (W.D. Mich.)
• Won jury verdict in favor of Rieth-Riley Construction Co., Inc. on claim of gender discrimination.  McBrian v. Rieth-Riley Construction Co., Inc., No. 1:11-cv-00104-RJJ (W.D. Mich.)
• Won early dismissal of national origin and sexual orientation discrimination lawsuit against Grand Valley State University.  Kim v. Grand Valley State University, et al., No. 1:11-cv-00233-RJJ (W.D. Mich.)
• Obtained summary disposition in favor of Muskegon Community College on adjunct professor's whistleblower and age discrimination claims.  Donahue v. Muskegon Community College, No. 11-48077-CD (Muskegon County Cir. Ct.)
• Won summary judgment on claims of negligence and breach of warranty behalf against wood chipper manufacturer.  Palmetto Pulpwood & Timber, Inc. v. Woodsman LLC, et al. No. 12 CvS 78 (Columbus County (North Carolina) Sup. Ct.)
• Secured early dismissal of Title VII race discrimination and retaliation claims against CS Manufacturing. Ormsby v. CS Manufacturing, Inc., No. 1:10-CV-859 (W.D. Mich.)
• Won early dismissal of claims of negligent supervision and negligent infliction of emotional distress on behalf of Multi-Financial Securities Corp. Urbanec v. Multi-Financial Securities Corp., No. 2:10-cv-12969-NGE (E.D. Mich.)
• Obtained dismissal of FINRA securities fraud arbitration on behalf of Pershing, LLC. Stolaruk v. Pershing, LLC, et al., FINRA Case No. 10-02669
• Represented Amway Corp. securing injunctive relief and $26 million arbitration award in suit arising from violations of non-compete and non-solicit obligations and misappropriation of Amway's trade secrets. Quixtar Inc. v. Brady, et al., 2008 WL 5386774 (E.D. Mich. 2008); Quixtar Inc. v. Woodward, et al., 2009 WL 1890578 (Mich. Ct. App. 2009); Amway Global v. Woodward, et al., 2010 WL 3927661 (E.D. Mich. 2010)
• Obtained injunctive relief on behalf of Fifth Third Securities when broker departed employment in violation of non-compete and non-solicit obligations
• Obtained directed verdict in conspiracy and unjust enrichment case on behalf of Action Industrial Supply Co. Midwest Machining, Inc. v. Action Indus. Supp. Co., No. 04-06992-CK (Kent Co. Cir. Ct., 2009)
• Counsel for Elan Nutrition successfully defending a race and pregnancy discrimination claims
• Obtained summary judgment on behalf of Michigan Agricultural Commodities in disability discrimination and retaliation case. Davis v. Michigan Agricultural Commodities, Inc., 2009 WL 94534 (E.D. Mich. 2009)
• Counsel for Wayne Hummer Investments, LLC obtaining temporary restraining order in Cook County, Illinois followed by FINRA award exceeding $737,000 against Citigroup Global Markets and registered representatives in connection with departure of registered representatives in violation of their non-competition and non-solicitation covenants. Wayne Hummer Investments v. Citigroup, LLC, FINRA Case No. 08-02433
• Negotiated on behalf of hospital and convinced EEOC to settle race and sex discrimination claims under Title VII for consent decree requiring no economic damages. EEOC v. Spectrum Health Worth Home Care, Inc. (W.D. Mich.)
• Obtained dismissal of customer FINRA securities claim of unsuitability on behalf of Pacific Life Insurance Company. Milano v. Kopan et al., FINRA Case No. 06-05160
• Obtained dismissal of securities claims against Pacific Life Insurance Company pending in Oakland County Circuit Court, State of Michigan. Hentschel et al. v. Epstein et al. (Case No. 09-101-357 NZ)
• Counsel for Pacific Life Insurance Company's broker-dealer arm in attaining dismissal of claims before the close of claimants' proofs in multimillion dollar NASD action. Erfain T. Suarez, et al. v. Colin Patrick Lindsey, et al., NASD Case No. 04-03810
• Counsel for Wayne Hummer Investments, LLC securing a preliminary injunction in Cook County, Illinois, and related FINRA arbitration, negotiating favorable settlement requiring payment to client. Wayne Hummer Investments v. Van Nice and UBS Financial Services, Inc. (Case No. 08-CH-01767)
• Assisted in obtaining summary judgment of plaintiff's claims of racial discrimination and retaliation under Title VII and 42 U.S.C. § 1981 on behalf of large area hospital. Affirmed on appeal by the Sixth Circuit. Sherrills v. Beison, 2006 WL 2701057 (W.D. Mich. 2006), aff'd 242 Fed. App. 332 (6th Cir. 2007)
• Co-counsel for a national design, engineering and construction management firm in a multi-party, multimillion dollar case involving a state project. The case was resolved by settlement favorable to our client
• Defends local and national companies in employment disputes including sexual and racial harassment, discrimination, retaliation, FMLA and FLSA overtime claims
• Represents employers in EEOC and state agency proceedings
• Assists in employment compliance issues with ADA, FMLA, NLRA, FLSA, WARN and other federal and state labor and employment laws
• Represents employers in litigation, including discrimination, retaliation, payment of wage and hours and harassment claims