FIRM RESULTS

Mary J. Pietsch v. Kathleen Sebelius, Secretary, Department of Health and Human Services Agency, Appeal No. 0120090933

Mary Jane Pietsch, a Project Officer with a government contractor at NIH, lived through untold despicable sexual harassment at the hands of a co-worker. The incidents included hacking into Ms. Pietsch's work computer, unwelcome embarrassing comments and disgraceful physical gestures. After complaining to NIH about the harassment, Ms. Pietsch was isolated in that she was relocated to an area of the work facility marked by horrible conditions. Soon after, Ms. Pietsch was given a termination letter at the direction of NIH. Having retained Morris E. Fischer, Esq., Ms. Pietsch brought action against the NIH for sexual harassment and retaliation. NIH dismissed the case, contending that Ms. Pietsch was not its employee and therefore was not liable to her. The Office of Federal Operations reversed, holding that NIH controlled Ms. Pietsch by exercising the power to terminate her services, thereby opening the door to liability against the agency. Click here to read the opinion.

Jennifer Insalaco v. Anne Arundel County Public Schools

Jennifer Insalaco, a Special Education teacher with Anne Arundel County Public Schools, suffers from various neurologic conditions making it extremely difficult for her to go about life in the way most people do. Her physical limitations are very real, but when she advised her superiors at Anne Arundel County Public Schools, she was met with hostility and removed from her position. In defending its case against the EEOC, the school system never did explain to Ms. Insalaco the actual essential functions of her job that she could not perform with accommodation. After filing with the EEOC and being shuffled through the bureaucracy, Jennifer finally retained Morris E. Fischer, LLC to litigate her case. Mr. Fischer has relentlessly pursued justice on behalf of his client by submitting an EEOC rebuttal that wouldn't allow the employer to evade answering critical questions about the manner in which it treated Ms. Insalaco. On June 23, 2009, the EEOC found in favor of Ms. Insalaco on both her failure to accommodate and harassment claims. Click here and here to read the EEOC determinations.

Wendy A. Ramsay v. Mary E. Peters, Secretary, U.S. Department of Transportation, Civil Action No: 1:08-cv-00596

Our firm successfully settled a major retaliation case against the United States Department of Transportation. Our client, Wendy A, Ramsay, was a highly successful program manager on a twelve month assignment for the agency's Federal Aviation Administration. Unfortunately, after she complained about gender discrimination, the agency blamed Ms. Ramsay for a host of work related issues, many centering upon a highly sophisticated training video, that the agency first contended was useless, but later kept for additional training seminars. In addition, the agency contended that several portions of Ms. Ramsay's website design for the agency were too complex, although she was never provided with an opportunity to scale it down. None of these problems were apparent prior to her discrimination complaints and she had received a cash bonus for her prior work.

The case was litigated in the United States Federal District Court for the District of Columbia, before the Hon. John D. Bates. A key point in the litigation occurred after the agency requested a mediation session to resolve the case before Federal Magistrate Judge Alan Kay. However, at mediation, the agency, after having Ms. Ramsay drive from her Binghamton, NY residence to attend the session, failed to increase its offer. Attorney, Morris E. Fischer, no fan of this kind of government litigation technique, immediately motioned the court for sanctions against the government for failing to negotiate in good faith. In response, the agency requested the mediation to continue and ultimately a rightful settlement was secured.

Texeira v. United States Postal Serv., 2008 U.S. App. LEXIS 4335 (Fed. Cir. Feb. 28, 2008).

Morris E. Fischer, Esq. successfully appealed to the United States Court of Appeals, Federal Circuit, against the United States Postal Service in an M.S.P.B. decision which struck down a disciplinary decision against a U.S. Postal Service employee that had stripped her of management responsibility and demoted her to a part-time, entry level clerical position. The Court found that under the factors enumerated in Douglas v. Veterans Admin., 5 M.S.P.R. 280 (1981), this discipline far exceeded the only proven charge of Failure to Follow Proper Timekeeping Procedures. The firm would like to thank Ms. Judy Texeira, our client, of Modesto, California for entrusting and retaining our office for this appeal and to Jensen M. Grant, our office's newest addition, a second year law student from American University School of Law, for assisting with the oral argument preparation. Morris E. Fischer, Esq., drafted the appeal documents and orally argued the case at the Federal Circuit Court of Appeals. To read the decision, click here.

Shay A. Hitchcock v. Atlantic Southeast Airlines, U.S. District Court, Northern District of Mississippi, Civil Action No. 1:04CV70-M-D,

Our office, along with the Mississippi law firm, Waide & Associates, who we retained as local counsel, also represents Mr. Hitchcock in his Federal Court action against Atlantic Southeast Airlines for tortious interference with a contract and defamation. The Oxford, Mississippi jury found that the defendant had maliciously interfered with Mr. Hitchcock's employment by falsely accusing him of homosexual harassment. It awarded $120,000.00 in back pay and $750,000.00 in pain and suffering.

Shay A. Hitchcock v. Department of Homeland Security, Appeal No. 0120051461

Morris E. Fischer, Esq. successfully appealed to the U.S. Equal Employment Opportunity Commission, Office of Federal Operations (OFO) and obtained a reversal of the Summary Judgment decision issued by Lead Administrative Law Judge for the EEOC's Birmingham District Office, Clarence Bell. In the case the OFO found that Judge Bell had improperly found for the Department of Homeland Security on Summary Judgment.

Our client, Mr. Shay Hitchcock was wrongfully terminated when he was falsely accused of improper sexual conduct toward a Delta employee. As a result, Mr. Hitchcock then became a victim of sexual harassment and a hostile work environment, when he refused to publicly apologize to the employee at the Golden Triangle Airport, in Columbus, Mississippi. Click here to read the decision.

In Re, Estate of Barbara Davis, No. 05-PR-1475, District of Columbia, Court of Appeals

The Washington, D.C., Court of Appeals reversed the lower Washington, D.C. court, and helped settle several critical legal questions involving an inheritor's right to receive a will inheritance, then contest the validity of the same will. The case involved a will contest, in which the Appellant, our client, Gary Davis, contended that the will from which he ultimately received an inheritance was invalid due to undue influence over the testator. Mr. Davis later accepted his inheritance under the will, while still challenging it.

The Appellee claimed that Mr. Davis had forfeited his right to contest the will. Morris E. Fischer, argued the appeal on behalf of Mr. Davis and successfully convinced the three judge judicial panel that since no party was unduly prejudiced, meaning that no party suffered an irretrievable loss by Mr. Davis accepting monies under the will, the Appellant should have nonetheless had the right to contest it. The case involved the analysis of certain legal precedents, some over a hundred years old and the Court's decision helped provide clarity on this issue of law.

The Court also reversed the trial court that dismissed the case because Mr. Davis, who at the time had no lawyer and was unaware of a scheduling conference, missed it. Mr. Fischer argued that in truth, the Court had failed to send notice to Mr. Davis' correct address and as such, Mr. Davis had valid reasons for missing his conference. Following the dismissal, Mr. Davis retained Morris E. Fischer, LLC to argue the appeal. To read the decision, click here.

Azikiwe et al v. Nigeria Airways Limited et al, 1:03-cv-06387-FB-CLP,

Global Lawyering, a/k/a Fagbenle Attorneys, LLC, retained Morris E. Fischer, Esq., as counsel to assist in resolving a class action lawsuit filed in the United States Federal Court, Eastern District. The case, centers upon conduct committed by Defendant's Nigeria Airways for violations of charging improper baggage fees, false detention of passengers and Article 19 of the Warsaw Convention, an international treaty that dictates conduct standards for international airlines.

Said Kunle Fagbenle, Esq, President of Fagbenle Attorneys, LLC. "I have known Morris for more than five years. We've turned to Morris E. Fischer in this matter for his great breadth of litigation experience, having litigated cases in numerous states, his great integrity and common sense approach to law, which is an invaluable asset to this case.

Tony P. Welch v. John E. Potter, Postmaster General, U.S. District Court, Western District of Virginia, Civil Action No. 7:06CV00069

Our client, an African American, was subject to numerous racial comments such as references to the African American who was dragged by a truck in Texas and repeatedly called "boy" by a manager who didn't recognize that term as racially offensive. When Mr. Welch complained to management, they either ignored him or advised him to work it out himself. Since this action involved both discrimination and the Merit Systems Protection Board, there were two cases filed by our office, each appealing an Administrative Judge's decision. The EEOC Administrative Judge originally ruled for Mr. Welch in the amount of only $14,000.00 for compensatory damages. After several rounds of initial aggressive litigation , the case settled against the United States Postal Service for discrimination and retaliation in the amount of $162,500.00. The settlement was reported by the Roanoke Times, on August 29, 2006, see annexed.