Robert H. Duffy, Partner

Significant Cases

The range and depth in Bob’s litigation experience are evident in the list of noteworthy cases in which he has had the privilege of representing his clients.

  • Cyric Abraham v. Washington Group International, Inc. and URS Corporation, (W.D. Wis. 2013), 766 F. 3d 735 (2014). Successfully obtained summary judgment decision in favor of employer where a former project manager alleged misrepresentation and breach of employment contract claims which was upheld by the Seventh Circuit.
  • Karen E. Hayes v. Home Care Medical Inc., (ERD 2013, Judge Alice E. DeLaO) (LIRC 2014). Successfully obtained ERD decision dismissing former employee’s sex discrimination in pay and retaliation claim which was upheld by the Labor and Industry Review Commission.
  • Keon D. Davis v. Parker Hannifin and QPS Employment, Case No. 13-C-0379 (E.D. Wis. 2013). Successfully obtained dismissal of former employee’s race discrimination claim as the result of his failure to comply with his discovery obligations.
  • Luann Schmidt v. Menasha Packaging Co., LLC, (ERD 2013, Judge Rose Ann Wasserman). Successfully obtained ERD decision dismissing former employee’s claim that she was denied a leave and then discharged in violation of the Wisconsin Family and Medical Leave Act.
  • Oshkosh Corporation and Jason Little, Case 30-CA-18716 (NLRB, 2011, Judge Michael A. Rosas). Successfully obtained decision in favor of employer and dismissing 30thRegion’s complaint which alleged former employee was discharged in retaliation for his protected concerted activities.
  • Ricky D. Cavanaugh v. Oshkosh Corporation, 787 F. Supp. 2d 860 (E.D. Wis. 2011). Successfully obtained summary judgment in favor of employer where former employee alleged he was subject to disparate treatment and discharged due to his age; Oshkosh Truck Corporation and UAW Local 578 (Arbitrator Amedo Greco 2008). Successfully obtained arbitration award finding company had just cause to discharge Ricky Cavanaugh and dismissing Union’s grievance.
  • Aracely Decker v. MeadWestvaco Corporation, Inc., (E.D. Wis. 2010). Successfully obtained decision granting summary judgment to employer as a sanction for plaintiff’s failure to comply with discovery obligations.
  • William J. Halmo v. Klement Sausage Co., Inc. and QPS Temps, (E.D. Wis. 2010). Successfully obtained decision granting QPS’s motion to dismiss former employee’s breach of contract and disability discrimination claims.
  • Ruth Reiter v. Oshkosh Corporation, et al., Case No. 09-C-293 (E.D. of Wis. 2010). Successfully obtained summary judgment in favor of an employer and individually named human resource executives in sexual harassment, retaliation, and tortious interference with contract claims.
  • Kathleen A. Serwatka v. Rockwell Automation, Inc., 583 F. Supp. 2d 994 (E.D. of Wis. 2008), 591 F.3d 957 (7thCir. 2009). Successfully obtained a jury defense verdict in favor of employer in a disability discrimination claim brought by a former employee with medical restrictions, which was upheld by the Seventh Circuit, and established that the plaintiff’s burden of proof in ADA claims is to show that “but for” the alleged disability, the plaintiff would not have been discharged.
  • William B. Wermuth, Jr. v. Labor and Industry Review Commission, Case No. 2006AP1149 (Wis. App. Ct. District II (2007). Successfully obtained affirmance of a Labor and Industry Review Commission decision finding that the employer had reasonable cause to discharge an employee after he suffered a work injury and therefore dismissing the employee’s refusal to rehire claim.
  • Mandrake Conner v. Mobile Mini Inc., No. Civ. A. 04-196, 2005 WL 1006302 (E.D. Pa. April 28, 2005), 167 F.App’x 292 (3d Cir. 2006). Successfully obtained summary judgment in favor of an employer in a race discrimination claim brought by a high-level manager, which was upheld by the Third Circuit.
  • Rockwell Automation, Inc. v. Jonathan Kall, Case No. 526-N (Delaware Chancery Ct., 2005). Successfully obtained injunctive relief and a subsequent court order requiring a former Rockwell manager to return proprietary information and awarding Rockwell almost $40,000 in attorney fees.
  • PACE v. Menasha Transport, et al., NLRB Case Nos. 30-CA-16150-1, 30‑CA‑16373‑1, and 30‑CA‑16385‑1 (2004). Successfully obtained NLRB 30th Region and NLRB General Counsel dismissal of unfair labor practice charges brought against the company for transferring bargaining unit work to non‑PACE or non‑union employees in locations outside Wisconsin.
  • IAMAW District 10 v. Perlick Corporation (Arbitrator Zel Rice, 2003). Successfully obtained an arbitration decision denying the union’s grievance and allowing the employer to eliminate a past practice of paying union stewards for time spent during working hours investigating or furthering possible union grievances.
  • Crystal Lake Cheese Factory v. LIRC, (2003 WI 106, 664 NW 2d 651) (2003). A sharply divided court, in a 4-3 decision, clarified that WFEA reasonable accommodation obligation may require employers to reassign certain job duties a disabled employee is unable to perform.
  • Jacqueline Johnsrud v. Prairie du Chien Memorial Hospital, et al., Case Nos. 00-CV-90 and 02-CV-0040, 2004 WI 50 (Crawford County Circuit Court 2000 and 2002) (Wisconsin Supreme Court 2004). Successfully obtained a dismissal of separate defamation and wrongful discharge claims brought against a hospital and an individual executive of the hospital by a former manager.
  • State of Wisconsin v. TJI International, Inc., et al., 238 Wis. 2d 173, 617 N.W.2d 256 (Wisconsin Supreme Court 2001). Successfully argued that no “business closing” occurred under Wisconsin’s Business and Mass Layoff Closing Law when there was no interruption in business operations at the time of the sale of the business.
  • James Graff v. Muskego-Norway School District, et al., Case No. 99-CV-2453 (Waukesha County Circuit Court, 1999). Successfully dissolved a temporary restraining order, thereby allowing the employer to proceed with a public due process hearing and the resulting removal of the district manager.
  • Fort James Discharge Arbitrations (1996–98). Successfully represented Fort James in four separate arbitrations involving multiple employees and levels of discipline arising out of conduct related to the murder of Thomas Monfils while employed at Fort James’ Green Bay Mill. The nature of the conduct, the conspiracy of silence that surrounded it, the state and federal criminal investigations that followed, and the ongoing local and national publicity concerning the murder made these extremely complex arbitration hearings. Fort James prevailed in each case, including the discharge of four employees, one of whom was the union president of the Green Bay Mill.
  • Hoeller v. Eaton Corporation, (E.D. Wis. 1997), 149 F.3d 621 (7th Cir. 1998). Successfully obtained decision granting summary judgment to employer, upheld by the Seventh Circuit, where a former employee alleged he was discharged because of his mental disability, bipolar affective disorder.
  • Tuszkiewicz v. Allen-Bradley Company, Inc., 173 F.R.D. 239 (E.D. Wis. 1997), 142 F.3d 440 (7th Cir. 1998). Successfully obtained decision granting summary judgment to an employer, upheld by the Seventh Circuit, where an employee alleged he was discharged because of his medical disability, hydrocephalus.
  • Terri Fancher v. Bank One Wisconsin Corp., Case No. 96-C-1272 (E.D. Wis., 1997). Successfully obtained decision granting summary judgment to employer in a race discrimination employment discharge claim.
  • Brian Stribling v. Reinhart Institutional Foods, Case No. 96-C-679 (E.D. Wis., 1997). Successfully obtained decision granting summary judgment to the employer in a race discrimination employment discharge claim.
  • Diane Lewis v. Navistar International Transportation Corp., (E.D. Wis., 1996). Successfully obtained a verdict for an employer following a trial in which a female employee who was discharged for sexual harassment claimed unlawful discrimination on the basis of sex and race.
  • Tuszkiewicz v. Allen-Bradley Company, Inc., 170 F.R.D. 15 (E.D. Wis. 1996). Successfully obtained decision denying the plaintiff’s motion to sequester the plaintiff’s former co‑workers from a deposition.
  • Ronald Howard v. Navistar International Transportation Corp., Case No. 95-3941 (E.D. Wis. 1996). Successfully obtained decision granting summary judgment to the employer in a disability discrimination and retaliation employment discharge claim.
  • Bushko v. Miller Brewing Company, 134 Wis.2d 136, 396 N.W. 2d 167 (Wisconsin Supreme Court 1986). Upholding a grant of summary judgment to an employer and clarifying the wrongful discharge standard in Wisconsin to include only those cases where the employee is discharged for refusing an employer’s order to violate public policy.