Timothy P. Van Dyck

Complete defense verdict against a retaliation claim

A national telecomm came to Tim to defend a claim by a former manager before the U.S. District Court for the District of Massachusetts with potential damages in excess of $2 million. The plaintiff alleged Tim’s client retaliated against the manager for accusing the company of race discrimination. The race discrimination claims were dismissed at summary judgment and, after a one-week trial and four hours of deliberation, the jury returned a complete defense verdict. The case was appealed to the U.S. Court of Appeals for the First Circuit, where Tim prevailed again.

Winning with a “skillful defense” at the trial and appeals level

After winning at the trial level before a jury, Tim and his client – a national lighting manufacturer – faced an appeal to the First Circuit involving a $2.5 million claim for sexual harassment. The trial court decision was upheld on appeal where, in a published opinion, the court commented on the firm’s “skillful defense.”

Breach of Contract case knocked out on a Motion to Dismiss

Tim was called upon to represent one of his many healthcare clients when a former employee sued, claiming that her termination violated her contractual right to progressive discipline under the employee handbook. In a 22-page decision, the court completely agreed with Tim’s motion that the handbook did not constitute a contract with the plaintiff and, even if it did, the healthcare provider did not breach its terms, as the handbook did not guarantee that progressive discipline would be followed in every case.

Court stops adversary dead in its tracks in attempting to enforce non-compete

In a contentious non-compete matter, our client’s former employer tried to get him to sign a separation agreement in exchange for his 35 percent share of the company. When that low-ball effort failed, the employer brought suit, seeking a preliminary injunction to prevent our client from leasing rail cars, claiming he was in breach of his non-compete obligations. Had the injunction been granted, our client would essentially have been denied his livelihood along with his ability to work in the only industry he has ever known. Following extensive briefing and an extended oral argument, the court denied the employer’s motion completely, finding it had established neither a likelihood of success on the merits nor a showing of irreparable harm.

Other experience

• Complete summary judgment for a Fortune 100 client against a former employee claiming sexual harassment and sex discrimination
• Obtained complete summary judgment in an arbitration before JAMS for a medical group against a former physician/employee claiming breach of employment agreement and breach of fiduciary duty
• Defended a myriad of sexual harassment and discrimination claims brought against Fortune 500 companies, including claims that have gone to full trial and hearing before various state agencies
• Obtained complete summary judgment in a whistleblower claim against a national chemical company
• Dismissed RICO and common law related claims against a corporation and its officers by a former union steward claiming constructive discharge due to union activities; the First Circuit affirmed the judgment, marking the first time the First Circuit had addressed the issue of NLRB preemption
• Obtained a complete defense award, including damages in favor of the employer, plus all attorneys’ fees, in a two week arbitration, in which a former executive sought $5 million for breach of contract and fraud under a separation agreement