Significant Cases

Ken Menendez Obtains Summary Judgment in U.S. District Court

Kenneth Menendez and Taryn Haumann obtained a favorable result for three prominent advertising agencies. Two agencies were Plaintiff’s former employers and one agency was a potential employer. After Plaintiff demonstrated multiple incidents of poor behavior,…

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Kenneth Menendez and Taryn Haumann obtained a favorable result for three prominent advertising agencies. Two agencies were Plaintiff’s former employers and one agency was a potential employer. After Plaintiff demonstrated multiple incidents of poor behavior, the potential employer elected to revoke an employment offer prior to her acceptance. Defendants were engaged in pre-suit settlement discussions that never came to fruition, so Plaintiff originally filed suit in the Superior Court of Fulton County alleging breach of contract, age discrimination, and gender discrimination. Mr. Menendez and Ms. Haumann subsequently removed the matter to the United States District Court for the Northern District of Georgia and attempted to have two former employers voluntarily dismissed on the grounds that her claims exclusively revolved around the potential employer’s contract revocation which did not occur during her employment. Plaintiff refused to dismiss the former employers, so we aggressively defended the case and prepared it for summary judgment. In a motion for summary judgment, the potential employer moved to dismiss Plaintiff’s breach of contract claim on the grounds it was properly revoked and it never employed Plaintiff so it could not have terminated her on the basis of age or gender. The two former employers moved to dismiss Plaintiff’s age and gender discrimination claims on the grounds that Plaintiff was never subjected to adverse action during her employment. Notably, the Magistrate Court issued a 39-page Report and Recommendation strongly recommending for all claims to be dismissed in their entirety. The judge further noted Defendants “argued persuasively” in our motion for summary judgment, which caused Plaintiff to scramble to modify her legal theories of the case. Plaintiff filed objections to the Report and Recommendation, but the District Court swiftly overruled all objections and dismissed the action as to all claims.

Kristin Volkmann v. New Fitzco, LLC; Fitzgerald & Company; and The Interpublic Group of Companies; N.D. Ga. Civil Action File No. 1:20-02709-CAP-WEJ

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