Michael W. Casey III practices in the areas of labor law and employment law. Mr. Casey has more than 40 years of experience in representing management in a variety of industries. His practice is diverse and includes handling union elections and unfair labor practice charges. Mr. Casey's experience includes:
- Defending employment discrimination claims and class-action employment cases
- Advising and counseling management in union election campaigns
- Negotiating with unions
- Representing clients in unfair labor practice proceedings
- Resolving disputes short of litigation through pretrial motion practice and negotiation of settlements
- Advising clients on compliance with federal, state and local labor and employment laws as well as risk management
- Advising, guiding and litigating with regard to trade secret issues
- Advising, guiding and litigating with regard to non-competition issues
- Advising, guiding and litigating with regard to the Fair Labor Standards Act
- Representing clients in arbitrations
- Representing clients in commercial litigation
Mr. Casey regularly appears before federal and state courts and administrative agencies, including the Equal Employment Opportunity Commission and the National Labor Relations Board. He also represents employers in the securities industry in arbitration proceedings.
Mr. Casey has been selected for inclusion in all editions of Best Lawyers in America, Leading American Lawyers and Who's Who Legal. He is a Fellow of the College of Labor and Employment Lawyers, an invitation-only national organization of prominent labor-employment lawyers. Martindale-Hubbell, the directory for lawyers, rates Mr. Casey as AV, which is the highest ranking that an attorney can receive for competence and integrity. Mr. Casey was recently rated among the leading employment defense attorneys in Florida by Chambers USA, which also gave him a "Star" ranking, one of only two such rankings awarded to a labor/employment lawyer in Florida. He is board-certified by The Florida Bar in the field of labor and employment law. The Miami Daily Business Review recently noted that Mr. Casey is "widely regarded as among the top labor and employment attorneys in South Florida." Mr. Casey is also listed as one of the top labor and employment lawyers in the United States by Who's Who Legal, the official research partner of The International Bar Association.
- Represented the Goldfield Corporation (a provider of electrical construction and maintenance services in the energy infrastructure industry) in its $7.25 million acquisition of C and C Power Line, Inc. (a full service, union electrical contractor).
- Obtained on behalf of a national satellite television installer and service provider a ruling for the client on all fourteen counts, alleging violations of the National Labor Relations Act (NLRA), arising out of the client's withdrawal of recognition of a union at one of their major facilities in Florida.
- Obtained a decision from the Florida Third District Court of Appeal reversing a $1 million jury verdict in favor of a former television reporter in her age and sex discrimination suit. Sunbeam Television Corp. v. Mitzel (Fla. Dist. Ct. App. 3d Jan. 18, 2012).
- Obtained decision from the U.S. District Court for the Southern District of Florida on behalf of a real estate developer that vacated a judgment in favor of the plaintiff in a Title VII discrimination and retaliation case and dismissed the plaintiff’s claims due to her failure to disclose her bankruptcy filing to the court, and her failure to disclose her Title VII case to the bankruptcy court.
- Obtained a decision from the National Labor Relations Board affirming an administrative law judge's decision that the client had not engaged in unfair labor practices by terminating the employment of three employees because they were terminated for their conduct at work rather than their pro-union activities.
- Represented a transportation-services company in a collective action brought initially by 165 bus drivers under the Fair Labor Standards Act. Several plaintiffs withdrew from the action, and the court struck the opt-in notices of 126 plaintiffs who failed to participate in discovery. The company subsequently settled with the remaining 35 plaintiffs. Pluviose v. American Coach Lines of Orlando, Inc. (M.D. Fla. 2009).
- Represented a Swiss bank in a confidential, lengthy hearing before the American Arbitration Association. Claimants, two former high-ranking executives, asserted claims against the bank for payment of wages, abuse of process, tortious interference with business relationships, and breach of contract, and requested damages and attorneys' fees amounting to more than $10 million. Following a 15-day hearing before three arbitrators, the panel issued an award in favor of the bank and awarded it attorneys' fees and costs.
- Represented a Swiss bank in a confidential hearing before FINRA. Claimant, a former broker, claimed the bank wrongfully terminated him, was negligent in the handling of his accounts and repeatedly defamed him. Following a four-day hearing before three arbitrators, the panel ruled in favor of the bank on all claims.
- Represented a motorcoach-services provider in a collective action brought by 63 plaintiffs for violations of the overtime and minimum-wage provisions of the Fair Labor Standards Act, with four of the plaintiffs alleging violations of the Florida Whistleblower Act. On defendant's motion for summary judgment, the court dismissed 62 of the plaintiffs' minimum wage claims, 48 of the overtime claims, and all four of the whistleblower claims. Walters v. American Coach Lines of Miami, 569 F. Supp.2d 1270 (S.D. Fla. 2008), aff'd, 575 F.3d 1221 (11th Cir. 2009).
- Represented an airport-service provider in a collective action in which plaintiffs asserted that defendants violated federal and state wage-hour laws as well as various other state laws. The court granted defendants' motion for summary judgment on plaintiffs' federal claims and dismissed plaintiffs' state-law claims. The U.S. Court of Appeals for the Eleventh Circuit affirmed. Pellon v. Business Representation International, Inc., 528 F. Supp. 2d 1306 (S.D. Fla. 2007), aff'd, 291 Fed.Appx. 310 (11th Cir. 2008).
- Represented a car-rental company in a National Labor Relations Board case in which the board claimed that the company fired three employees because of their union activity. An administrative law judge ruled for the company after trial. NLRB v. DTG Operations, Inc. d/b/a Dollar Rent A Car, Case No. 28-CA-23059.
- Represented a real estate development company in an action brought by a former controller for national-origin discrimination and retaliation under Title VII and the Florida Civil Rights Act. The company had fired the plaintiff the day after she had sent it a letter complaining of discrimination. The district court granted summary judgment for defendant. Alvarez v. Royal Atlantic Developers, Inc., 574 F. Supp.2d 1301 (S.D. Fla. 2008), aff'd in part, rev'd in part (11th Cir. 2010).
- Represented a nonprofit organization in an age-discrimination action. The plaintiff and two witnesses testified during depositions that when the chief executive had fired plaintiff, he had told her that he needed someone younger. The district court granted summary judgment for defendant. Mora v. Jackson Memorial Foundation, 2008 U.S. Dist. LEXIS 104072 (S.D. Fla. 2008).
- Represented an airport-services provider in action in which the plaintiff asserted that the defendant had fired him in retaliation for having previously filed a Fair Labor Standards Act claim. The district court granted defendant's motion to dismiss and for sanctions. Gonzalez v. Business Representation International, Inc., 248 F.R.D. 644 (S.D. Fla. 2008).
- Represented a manufacturer of products for the construction and building-maintenance industries in an action in which the plaintiff asserted claims for race discrimination under 42 U.S.C. § 1981, harassment, failure to promote, and discriminatory or retaliatory termination. The district court granted defendant's motion for summary judgment, determining that the plaintiff had actually asserted a national-origin claim instead of a race-discrimination claim. After hearing oral argument, the U.S. Court of Appeals for the Eleventh Circuit affirmed. Bedoya v. Hilti, Inc., 2004 U.S. Dist. LEXIS 25537 (S.D. Fla. 2004), aff'd, 159 Fed. Appx. 91 (11th Cir. 2005).
- Represented a hospitality employer in an action in which the plaintiff sued the company for race discrimination, racial harassment and discriminatory termination. The district court granted the company's motion to dismiss because plaintiff's counsel failed to comply with his obligations under the local rules. Moss v. The Graham Companies (S.D. Fla. 2005).
- Represented a law firm in an action in which the plaintiff sued for race discrimination, harassment and discriminatory termination. Following plaintiff's deposition, we served a motion for sanctions under Fed.R.Civ.P. 11 on plaintiff's counsel. Plaintiff dismissed the lawsuit. Johnson v. Fowler White Burnett, P.A. (S.D. Fla. 2005).
- Represented an air-cargo company in an action in which plaintiff claimed that the company denied him a promotion and subsequently terminated his employment on the basis of his race and in retaliation for his alleged complaints about discrimination. The district court granted summary judgment to Gemini. Labady v. Gemini Air Cargo, Inc., 350 F. Supp.2d 1002 (S.D. Fla. 2004).
Areas of Practice
- Employee Benefits / ERISA-related Litigation
- Employment Litigation
- Labor and Employment Law
- State and Federal Discrimination Claims
- Noncompetes, Unfair Competition and Trade Secrets
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the Middle District of Florida
- U.S. District Court for the Southern District of Florida
- Supreme Court of the United States
- U.S. Court of Appeals for the Fifth Circuit
- Louisiana State University, Paul M. Hebert Law Center, J.D., 1971
- Louisiana State University, B.A., 1968
- Epstein Becker & Green, P.C.
- Member, 2003-2010
- Muller Mintz Kornreich Caldwell Casey Crosland & Bramnick P.A.
- Attorney, 1970-2003
- Duane Morris LLP
- Partner, 2010-present
- American Bar Association
- American Employment Law Council
- College of Labor and Employment Lawyers
- Chair, 11th Federal Circuit Credentials Committee, 2008
- Federal Bar Association
- Federalist Society
- The Florida Bar
- Board-certified in Labor and Employment Law
- Labor and Employment Law Section, Former Chair and Vice Chair
- Greater Miami Chamber of Commerce
- Dade County Bar Association
- Director, 2005-2006
Honors and Awards
- Listed in Expert Guides Best of the Best 2012 USA
- Listed in Florida Super Lawyers, 2006-2013
- Named one of South Florida's Top Lawyers in South Florida Legal Guide, 2012 Annual Edition
- Listed in Best Lawyers in America
- Listed in Chambers USA: America's Leading Lawyers for Business
- Listed in Leading American Lawyers
- Listed in Who's Who Legal
- AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
- Boy Scouts of America, South Florida Council
- Former President
- Greater Miami Chamber of Commerce
- Board Member and Trustee
- The Two Hundred Club
- Former President
- Co-author, "D.C. Circuit Court Vacates the NLRB's Notice Posting Rule," Duane Morris Alert, May 9, 2013
- "With Hurricanes Come Unprecedented HR Challenges," Daily Business Review, June 26, 2012
- "NLRB Is Considering Expanding Union Rights to Organize on Employer Premises: What Employers Should Do Now," Client Advisory, November 30, 2010
- Quoted in "Expert Provides Guidance for Employers' Hurricane and Disaster Preparation," Employment Law Daily, June 15, 2010
- "Beware of Independent Contractor Misclassifications," The Miami Herald, February 22, 2010
- "Reductions in Force: Top Considerations," AffluentMagazine.com, June 8, 2009
- "New Florida Law Requires Employers to Provide Leave to Victims of Domestic Violence," Client Alert, July 16, 2007
- "Court Okays Employment Contract Shortening Employee's Time to Sue," Client Alert, February 1, 2005
- Quoted in "Employment Law - Judge Tosses Case Because Undisclosed Bankruptcy," Miami Daily Business Review, January 4, 2012
Selected Speaking Engagements
- "26th Annual Client Briefing: The 21st Century Workplace: High Stakes, Hi-Tech and High-Priority Employment Law Issues: Understanding and Avoiding Family Responsibilities Discrimination Claims," October 25, 2007
- "Wage-and-Hour Update: What You Need to Know About the Risk of Investigation, Litigation, and Personal Liability for Damages," May 29, 2008
- "Wage-and-Hour Update: What You Need to Know to Minimize Your Risk of Investigation, Litigation, and Personal Liability for Damages," February 26, 2008