Litigation

Federal Court Litigation

• Prevailed on a motion to dismiss based on Railway Labor Act preemption on behalf of an airline in a proposed class action brought by a retired flight attendant alleging the airline impermissibly changed her travel privileges. Wynn v. American Airlines, Inc., 2020 WL 1934994 (E.D. Missouri, April 22, 2020).
• Prevailed on a motion to dismiss a putative class action brought against American Airlines by a group of pilots asserting a collusion claim related to the airline’s pilot seniority list. Krakowski v. Am. Airlines, Inc. (In re AMR Corp.), 567 B.R. 247 (Bankr. S.D.N.Y. 2017), aff’d, 610 B.R. 714 (S.D.N.Y. 2019), aff’d 834 Fed. App’x 660 (2d Cir. Feb. 1, 2021), cert. denied, _ S.Ct. _ (Oct. 12, 2021) (No. 21-278).
• Successfully obtained a temporary restraining order, a modified temporary restraining order, and a permanent injunction on behalf of American Airlines against its mechanics union to stop an illegal work slowdown following a trial on the merits. See Am. Airlines, Inc. v. Transp. Workers Union of Am., AFL-CIO, No. 4:19-CV-414-A, 2019 WL 3774501 (N.D. Tex. Aug. 12, 2019).
• Prevailed on a motion to dismiss in action brought against airline by three pilots seeking to vacate an interest arbitration award that established certain contractual rights. See Krakowski v. Am. Airlines, Inc. (In re AMR Corp.), 598 B.R. 365 (Bankr. S.D.N.Y. 2019).
• Successfully moved to dismiss litigation for wrongful termination brought against an airline by a former union chairman based on Railway Labor Act preemption and failure to state a claim. See Bryan v. Allied Pilots Association, et al., 2018 U.S. Dist. LEXIS 214093 (D. Mass. Dec. 19, 2018), aff’d, 988 F.3d 68 (1st Cir. 2021), cert. denied, 141 S.Ct. 2803 (U.S. 2021).
• Prevailed on a motion for summary judgment in a putative class action brought against American Airlines by a group of pilots asserting a collusion claim related to the airline’s pilot seniority list. See Krakowski v. Am. Airlines, Inc. (In re AMR Corp.) , 2018 Bankr. LEXIS 1726 (Bankr. S.D.N.Y. June 12, 2018), aff’d, 610 B.R. 434 (S.D.N.Y. 2019), aff’d, 834 Fed. App’x 660 (2d Cir. Feb. 1, 2021), cert. denied, _ S.Ct. _ (Oct. 12, 2021) (No. 21-278).
• Successfully compelled arbitration of two management grievances filed by Atlas Air and Southern Air regarding the negotiation of a joint pilot collective bargaining agreement following the companies’ merger. Atlas Air, Inc. v. Int’l Bhd. of Teamsters, 293 F. Supp. 3d 457 (S.D.N.Y. 2018).
• Obtained a preliminary injunction on behalf of Atlas Air and Polar Air against their pilots union to stop an illegal work slowdown. Atlas Air, Inc. v. Int’l Bhd. of Teamsters, 280 F. Supp. 3d 59 (D.D.C. 2017).
• Prevailed in moving to dismiss a class action medical monitoring claim and other claims brought by nine current employees against American Airlines, its CEO, COO, and other executives and employees on workers’ compensation exclusivity grounds. Smith v. Am. Airlines, Inc., No. 16-156, 2016 U.S. Dist. LEXIS 107402 (E.D. Pa. Aug. 12, 2016).
• Won a motion to dismiss in a tort action brought by a former employee, in part based on a defense under the Railway Labor Act. Romigh v. American Airlines Group, Inc., Case No. 2:15-cv-00782 (W.D. Pa. Nov. 12, 2015).
• Represented AIG in securing favorable settlement on the eve of a five-week jury trial of a breach of employment contract lawsuit brought by the former CEO of AIG’s real estate business.
• Achieved complete dismissal of a purported Family and Medical Leave Act class action against a Fortune 500 financial services company prior to any motion practice.
• Obtained a preliminary injunction on behalf of US Airways against its pilots union to stop an illegal work slowdown, which was later converted into a permanent injunction. US Airways, Inc. v. US Airline Pilots Ass’n, 813 F. Supp. 2d 710 (W.D.N.C. 2011).
• Defended US Airways in a purported class action alleging race discrimination. NAACP, Philadelphia Branch v. US Airways Group, Inc., Case No. 2:10-cv-00043-PBT (E.D. Pa.)
• Successfully dismissed a civil RICO matter brought by a local union against US Airways executives, primarily based on a Railway Labor Act preemption defense. Int’l Ass’n of Machinists & Aerospace Workers District Local Lodge 1776 v. Jackson, No. 09-150, 2010 U.S. Dist. LEXIS 15885 (E.D. Pa. Feb. 19, 2010).

Arbitrations

• Achieved a complete victory for an airline in an arbitration brought by its flight attendant union, asserting that the airline’s employee travel policy violated the parties’ labor contract.
• Achieved a complete victory for an airline regarding its post-merger hiring and training of its pilots.
• Achieved a complete victory for an airline in an arbitration brought by certain employee groups, asserting that the airline’s vacation policy violated the parties’ labor contract
• Achieved a complete victory for an airline in an arbitration brought by its passenger service union, asserting that the airline’s employee travel policy violated the parties’ labor contract.
• Achieved a complete victory for an airline in an arbitration brought by its flight attendant union, asserting that the airline’s retiree travel policy violated the parties’ labor contract. 
• Successfully defended an airline in a breach of contract arbitration brought by a regional partner, saving the airline approximately $70 million.
• Represented a private equity firm in an arbitration brought by a former executive asserting violation of New York Labor Law, breach of fiduciary duty, unjust enrichment, and breach of contract. 

Collective Bargaining and Labor Negotiations

• Assisted a major airline in collective bargaining negotiations with multiple work groups for post-merger joint labor contracts.
• Assisted a leading pharmaceutical company in collective bargaining negotiations and achieving a new labor contract for its largest facility.
• Assisted Interstate Bakeries in its efforts to restructure hundreds of labor contracts.

Transactions

• Represented the Atlanta Braves with respect to labor and employment matters in the sale of three of its minor league affiliates.
• Represented Apollo Global Management, LLC and related funds with respect to labor and employment matters in two acquisitions of sports apparel manufacturers in North America and Central America, which included working with Apollo and Nike on human resources and workers’ rights issues relating to sustainable and responsible investing.
• Represented a diversified international market infrastructure and capital markets business with respect to labor and employment matters in its acquisition of a provider of high-quality exchange traded fund data, analytics, and ratings.
• Represented Caesars Entertainment Corporation (formerly Harrah’s Entertainment) with respect to labor and employment matters in its acquisition of the Planet Hollywood Resort & Casino in Las Vegas.
• Represented a retail automotive software company with respect to labor and employment matters in its acquisition of a leading provider of inventory management and merchandising solutions for automobile dealerships. 
• Represented a leading chemical company with respect to labor and employment matters in sales of numerous businesses.
• Represented a leading provider of growth equity and venture capital for healthcare/biopharma companies with respect to labor and employment matters in acquisitions of multiple companies.
• Represented a consortium of private equity investors with respect to labor and employment matters in the sale of a software company.
• Represented a food manufacturer with respect to labor and employment matters in its sale to a leading dairy cooperative.
• Represented an investment vehicle for investment funds with respect to labor and employment matters in the sale of its interest in an electric transmission and distribution company.