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REPRESENTATIVE EXPERIENCE

David J. Kolesar

Successfully defended hospital system by obtaining Rule 12 dismissal as a matter of law of disability discrimination claims under the ADA by former nurse, concerning mandatory vaccination policies.
Successfully defended hospital system against religious discrimination claims under Title VII by nurse, concerning mandatory vaccination policies.
In a case of first impression, successfully defended specialty steel manufacturer by obtaining Rule 12 dismissal as a matter of law of nationwide class and collective action claims under the FLSA and Oregon Minimum Wage Statute by temporary workers employed during lockout.
Successfully defended specialty steel manufacturer by obtaining Rule 12 dismissal as a matter of law of nationwide class and collective actions claims under ERISA and the LMRA by retired union members, concerning modification of retiree medical benefits.
Successfully defended electronics distributor in putative nationwide class and collective action under the FLSA and state wage and hour laws concerning the proper classification and payment of inside sales representatives by defeating two certification motions and subsequently obtaining a summary judgment dismissal following limited discovery.
Successfully defended specialty steel manufacturer by obtaining Rule 12 dismissal as a matter of law of ERISA, LMRA, and breach of contract claims by Union, concerning termination of medical benefits during lockout.
Successfully defended employer against claims of age discrimination, disability discrimination, race discrimination, and sex discrimination under the ADEA, the ADA, and Title VII by obtaining summary judgment dismissal.
Successfully defended employer against claims of disability discrimination, sex discrimination, and retaliation under the ADA and Title VII by obtaining summary judgment dismissal.
Successfully defended employer against claims under the ADEA and ERISA by obtaining summary judgment dismissal, where claims involved termination of long?term employee.
Obtained jury verdict in favor of employer following trial in case involving claims of age discrimination under the ADA and state law brought by older employee terminated in reduction in force.
Successfully defended employer against claims of race discrimination and racial harassment (hostile work environment) under Title VII by obtaining summary judgment dismissal, where claims involved allegations of finding nooses and other objectionable materials in the workplace.
Successfully defended employer against disability discrimination and retaliation claims under the ADA.
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