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Michael S.  Scalzo Photo

Michael S. Scalzo
 
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E-mail: scalzo@marshall-melhorn.com
 
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Mr. Scalzo is in the Litigation and Labor & Employment Law Departments. He represents employers in all facets of tort and employment law, with an emphasis in products liability, workers' compensation and discrimination/wrongful discharge claims. He joined the firm after serving as Counsel for Skil Corporation, a subsidiary of Emerson Electric Co.
Defend companies/manufacturers in tort litigation.

Defend management against work-related claims of discrimination and wrongful discharge before state and federal courts, EEOC and OCRC, and before arbitration tribunals.

All aspects of defending workers compensation claims (including VSSRs and intentional torts) for both self-insured and state-funded employers, including administrative hearings before the Industrial Commission of Ohio, common pleas court, courts of appeal, and Ohio Supreme Court.

Assist employers in implementing strategies to reduce workplace injuries and workers' compensation exposure.

Counsel companies regarding handbooks, employment agreements, resignation/termination agreements, and non-competition and confidentiality agreements.
University of Toledo
J.D., 1979

University of Toledo
B.S.I.E., cum laude, 1975
Sixth Circuit U.S. Court of Appeal:
-Mitchell v. The Toledo Hospital, 964 F.2d 577 (1992). Often cited for the proposition that in making a comparison of a discrimination plaintiff’s treatment to that of non-minority employees, plaintiff must show that the “comparables” are similarly situated in all respects.
-Grant v. General Motors Corp., 908 F.2d 1303 (1990). Involved a fetal protection policy and BFOQ.
-McMahon v. Libbey-Owens-Ford Co., 879 F.2d 1073 (1989). Age discrimination case.
-Mollison v. Stein, Inc. No., 97-3487 (1998). FMLA case.


U.S. District Court:
-Ziegler v. Findlay Industries, Inc., 464 F. Supp. 2d 733 (N.D. Ohio 2006). Wrongful discharge, implied contract and fraud.
-Ziegler v. Findlay Industries, Inc., 380 F. Supp 2d 909 (N.D. Ohio 2005). Employment contract and conspiracy.
-Rocha v. Sauder Woodworking Co., 221 F. Supp. 2d 818 (N.D. Ohio 2000). FMLA case.


Ohio Supreme Court:
-State ex rel. The Andersons v. Indus. Comm., 64 Ohio St. 3d 539, 1992 – Ohio – 90. Wage loss.
-State ex rel. Libbey-Owens-Ford Co. v. Indus. Comm., (1991), 62 Ohio St. 3d 68. Permanent total disability case.
-State ex rel. Churchill’s Supermarkets, Inc. v. Indus. Comm., 1990 WL 70969 (Ohio App. 10 Dist.). Wage loss.
-State ex rel. Libbey-Owens-Ford Co. v. Indus. Comm., 1990 WL 48146 (Ohio App. 10 Dist.). Permanent total disability.
-State ex rel. Apel v. Indus. Comm., 1990 WL 7946 (Ohio App. 10 Dist.). Permanent total disability case.


Ohio Court of Appeals:
-Augustiniak v. The Toledo Hospital (Ohio App. 6 Dist.), 2002 – Ohio 2628. Upheld dismissal of complaint alleging race discrimination and violation of FMLA.
-Taylor v. Mitsubishi Caterpillar Forklift America, Inc., 141 Ohio App. 3d 685. Intentional tort case.
-Sindel v. Midwest Stamping and Mfg Co., 1998 WL 603606 (Ohio App. 6 Dist). Intention tort case.
-Adams v. Pre Finish Metal, Inc., 1997 WL 256662 (Ohio App. 6 Dist.). Termination for failing drug test.
-Sybert v. Anderson’s Mgt. Corp., 1996 WL 476005 (Ohio App. 6 Dist.). Additional condition.
-Fletcher v. Northwest Mechanical Contractors, Inc. (1991), 75 Ohio App. 3d 466. Semi-fixed job site.
-Underwood v. Midwest Stamping & Manufacturing, et al. (1998), 1998 WL 472322, (Ohio App. 6 Dist. 1998). Idiopathic injury.
United States Supreme Court
Sixth Circuit U.S. Court of Appeals
U.S. District Court for the Northern District of Ohio
Ohio
Michigan
Numerous seminars on workers' compensation and trial practice.