Sheldon Weinhaus graduated Order of the Coif from Washington University School of Law in 1957. He has litigated cases under the Employee Retirement Income Security Act (“ERISA”) since ERISA became effective in 1974, resulting in many awards reinstating employee benefits. He successfully obtained a unanimous decision from the U.S. Supreme Court which recognized important ERISA rights. Sheldon has served as class counsel in several ERISA class action claims.

Sheldon is a charter fellow of the American Board of Employee Benefits Counsel and a retired member of the National Employment Lawyers Association. He is a founding member of the Patient Advocate Foundation (PAF) and the National Patient Advocate Committee (NPAC), not-for-profit organizations dedicated to advocating the rights of medical patients. He previously served on the executive boards of both organizations and now serves on their honorary boards. Sheldon is also a charter member of Cancer Advocates in Research and Related Activities (CARRA). He is a public advocate consultant for the National Institutes of Health’s Cancer Therapies Evaluation Program (CTEP).

Sheldon was recognized by President Bill Clinton as a litigator protecting employee benefit plan participants, and served on President Clinton’s Presidential Advisory Commission. Donna Shalala, former Secretary of the U.S. Department of Health and Human Services recognized Sheldon for his “commitment to patient protections.”

Litigation Highlights:*

• Sheldon Weinhaus received a unanimous verdict from the United States Supreme Court recognizing and enforcing important employee benefit rights. Geissal v. Moore Medical Corp., Case No. 97-689 (U.S. 1998).
• Obtained a court order reinstating the health, dental, vision and prescription drug benefits to a class of disabled persons. Recognizing the value of such reinstatement, the court awarded $454,431.75 in attorney’s fees and $10,689.45 in recovery of litigation costs advanced. Halbach & Schield v. Great-West Life Insurance & Annuity Co., et al., Case No. 4:05CV02399 (ERW) (E.D. Mo. 2007).
• Obtained several orders reinstating the health, disability and retirement benefits of many claimants. See, e.g., Halbach & Schield v. Great-West Life Insurance & Annuity Co., et al., Case No. 4:05CV02399 (ERW) (E.D. Mo. 2009) (class reinstatement); Michael v. AIG, et al., Case No. 4:05CV02400 (ERW) (W.D. Mo. 2008); Wakefield v. Accor Economy Lodging, et al., Case No. 03-309 (S.D. Ill. 2005).
• Obtained millions of dollars for clients through settlements of employment claims. (confidential settlements).

Current efforts include:

• Class action litigation against KV Pharmaceutical and responsible executives for improper investment of employee ownership funds.
• Continued class action efforts to retain the health, dental, vision and prescription drug benefits to members of a class of disabled persons.
• Litigation to recover employee benefits including health insurance and disability income.
• Litigation to redress violations of health insurance notice requirements.

Area of Practice:

• Employee Benefits Litigation including Class Actions

Bar Admissions:

• Missouri
• Arizona
• U.S. Court of Appeals 7th Circuit
• U.S. Court of Appeals 8th Circuit
• U.S. Court of Appeals 10th Circuit
• U.S. District Court – Eastern District of Missouri
• U.S. District Court – Arizona
• U.S. Tax Court
• United States Supreme Court

Education:

• Washington University School of Law, Juris Doctorate (J.D.), Order of the Coif, 1957
• University of Arizona, B.A. Education, 1954

Selected Cases:*

• Conley v. Pitney Bowes, et al., Case No. 1:92CV00025 (DJS) (E.D. Mo. 1992) (wrongful denial of disability benefits)
• Doe v. Prudential, Case No. 4:10-CV-00297 (CDP) (denial of disability benefits to attorney unable to perform occupation due to brain injury).
• Garfinkel v. BJC Health System, et al., Case No. 4:07CV00005 (CAS) (E.D. Mo.) (wrongful denial of employee death benefits)
• Geissal v. Moore Medical Corp., Case No. 97-689 (U.S. 1998) (wrongful denial of continuing insurance notice rights and rights of decedents’ estate)
• Goodspeed v. CNA Group Life Insurance Co., Case No. 4:02CV01961 (RWS)
(E.D. Mo.) (wrongful denial of disability benefits)
• Halbach & Schield, et al. v. Great-West Life Insurance Co., et al., Case No. 4:05CV02399 (ERW) (E.D. Mo.) (class claim for unlawful elimination of health, dental, vision and prescription drug benefits to disabled plan participants and individual wrongful denial of employee benefits documents)
• Kennedy v. Metropolitan Life Insurance Co., et al., Case No. 4:02CV00183 (TCM) (E.D. Mo.) (wrongful denial of disability benefits)
• Leonard v. Southwestern Bell Disability Plan, Case No. 4:00CV00923 (ERW) (E.D. Mo. 2000) (class claim for wrongful offsets against disability benefits)
• Menz v. Procter & Gamble Health Care Plan, et al., Case No. 4:04CV00077 (RWS) (E.D. Mo.) (wrongful denial of prosthesis)
• Michael v. AIG, et al., Case No. 4:05CV02400 (ERW) (E.D. Mo.) (wrongful denial of disability benefits)
• Niethammer v. Prudential Insurance Company of America, Case No. 4:06CV01664 (CDP) (E.D. Mo.) (wrongful denial of disability benefits)
• Scrivner v. AB Inbev, et al., Case No., Case No. 4:10CV01949 (JCH) (E.D. Mo.) (claim for unlawful denial of disability benefits).
• Wakefield v. Accor Economy Lodging, et al., Case No. 03-309 (S.D. Ill. 2005) (wrongful denial of health insurance and failure to provide notice of continuing insurance rights)
• Ward v. Monsanto Co., Case No. 4:04CV670 (ERW) (wrongful denial of disability benefits)
• Watson v. Retirement Plan for Hourly Employees of International Paper Co., Case No. 4:02CV01164 (CEJ) (E.D. Mo.) (wrongful denial of pension)

Professional Associations and Memberships:

• Missouri Bar
• Arizona Bar
• Bar Association of Metropolitan St. Louis
• Labor Law Committee
• Past Chair of Employee Benefits Committee
• National Employment Lawyers Association
• National Employment Lawyers Association – St. Louis
• American Health Lawyers Association

* Past results afford no guarantee of future results. Every case is different and must be judged on its own merits. Case descriptions reflect only allegations pled.

The choice of a lawyer is an important decision and should not be based solely upon advertisements.

The results of Weinhaus & Potashnick speak for themselves:*

Recovered unpaid wages and liquidated damages for classes totaling over 1,100 pizza delivery drivers. The plaintiffs alleged that their hourly wages minus their unreimbursed job expenses resulted in less than minimum wage received on an hourly basis. Kirtright & Hall v. Holiday Delta, et al., Case No. 7:09-cv-184-BO (E.D.N.C. 2010).

Recovered unpaid overtime wages and liquidated damages (pending court approval) for a class of over 3,200 forklift drivers. The plaintiffs alleged that they were denied pay for time spent locating forklifts, inspecting forklifts, completing inspection documents, changing batteries, refueling, and obtaining supplies due to employer’s failure to record that time and due to employer’s automatic “rounding away” of work time. The plaintiffs also alleged that they were not paid for work performed during unpaid lunch breaks. Nicholson v. UTi Integrated Logistics, Inc., Case No. 3:09CV00722-JPG-DGW (S.D. Ill. 2011).

Recovered unpaid overtime wages (pending court approval) and liquidated damages for a class of over 3,100 customer service representatives. The plaintiffs alleged that they were denied pay for time spent accessing computers systems, programs and data due to employer’s requirement to clock-in after performing such tasks. Simmons, et al. v. Enterprise Holdings, Inc., et al., Case No. 4:10CV00625 (AGF) (E.D. Mo. 2010).

Recovered unpaid overtime wages and liquidated damages for class of over 2,400 bill collectors and customer service representatives. The plaintiffs alleged that pre-shift time spent accessing computer systems, programs and data went unpaid because of failure to record time and due to “rounding” achieved through employer’s automated time-keeping system. The plaintiffs also alleged that other time went unpaid during the course of the day including completing customer calls and work during unpaid lunch breaks. Beasley & Meyers v. GC Services, L.P., Case No. 4:09CV01748 (CDP) (E.D. Mo. 2011).

Recovered unpaid weekly and daily overtime wages and liquidated damages (pending court approval) for class of approximately California 1,500 bill collectors. The plaintiffs alleged that pre-shift time spent accessing computer systems, programs and data went unpaid due to failure to record the time and due to “rounding” by employer’s time-keeping software. The plaintiffs also alleged that other time went unpaid during the course of the day including completing customer calls and work during unpaid lunch breaks. Gardner v. GC Services, L.P., Case No. 4:10CV-cv-00997 IEG-CAB (S.D. Cal. 2010).

Recovered stock losses (pending court approval) for class of approximately 1,500 employee stock ownership plan (ESOP) participants. The plaintiffs alleged that the plan and its fiduciaries were negligent in purchasing company stock with ESOP funds after acquiring knowledge of company’s regulatory and financial difficulties. Crocker v. KV Pharmaceutical, Case No. 4:09CV00198 (CEJ) (E.D. Mo. 2009).

Recovered unpaid overtime wages and liquidated damages for a class of 594 customer service representatives. The class representative alleged the employer required these employees to work without pay (“off-the-clock”) in logging on to computer systems and programs, reading company publications, competing customer service calls and logging off from the computer systems and programs. Wolfert v. UnitedHealth Group, et al., Case No. 4:08CV01643 (TIA) (E.D. Mo. 2009).

Recovered overtime wages and liquidated damages for a class of 102 reservation clerks and dispatchers at Metro’s Call-A-Ride facility. The class representative alleged the employer required employees to work without pay (“off-the-clock”) in logging on to computer systems and programs, proofreading reports, completing customer service calls and logging off from the computer systems and programs. Burks v. The Bi-State Development Agency of the Missouri-Illinois Metropolitan District d/b/a “Metro,” et al., Case No. 4:09CV01302 (MLM) (E.D. Mo. 2010).

Recovered unpaid minimum wages and liquidated damages for class of tow truck drivers. Plaintiffs alleged that employer per-job pay method resulted in less than minimum wage for all hours worked. Lanktree v. I-70 Towing, et al., Case No. 10-04124-CV-C-NKL (W.D. Mo. 2011).

Obtained a court order reinstating the health, dental, vision and prescription drug benefits to a class of disabled persons. Recognizing the value of such reinstatement, the court awarded $454,431.75 in attorney’s fees and $10,689.45 in recovery of litigation costs advanced. Halbach & Schield v. Great-West Life Insurance & Annuity Co., et al., Case No. 4:05CV02399 (ERW) (E.D. Mo. 2007).

Obtained relief for a class of employees terminated without receipt of WARN Act notices. Teamsters Local 604, et al. v. Inter-Rail Transport, Inc., Case No. 02-1109-DRH (S.D. Ill. 2004)

Obtained a $1,106,000.00 jury verdict in a claim for sexual harassment and wrongful termination with no witness corroboration of the harassment. Flotron v. AdOne Media, Inc., et al., Case No. 07CC-000373 (Cir. Ct. of St. L. County, MO 2008)

Obtained a $1,006,400.00 jury verdict in a claim of wrongful termination when a recycling company fired its trucking foreman for refusal to assign truck drivers in violation of the Department of Transportation’s maximum hour regulations. Williams v. Omaha Paper Stock, Inc., Case No. 062-888-1 (Cir. Ct. of City of St. L., MO 2007)

Obtained jury verdicts totaling $245,000.00 in two related sexual harassment claims. The court awarded an additional $71,000.00 in attorney’s fees and costs. Coats & Harrold v. Premier Mortgage Funding, Inc., et al., Case No. 06-2611 G CV (Cir. Ct. of St. L. County, MO 2007).

Obtained jury verdicts totaling $152,000.00 in racial harassment claims when plaintiff’s four fact witnesses were greatly outnumbered by twelve defenses witnesses. Case involved racial slurs and hanging African-American doll by noose in workplace. Robinson vs. Custom Tree & Lawn Service, Inc., et al., Case No. 4:08CV00992 (CAS) (E.D. Mo. 2010).

Obtained jury verdict and post-judgment awards totaling over $85,000.00 in disability discrimination claim alleging unlawful refusal to provide work and unlawful termination. DeWalt v. Davidson Surface / Air, et al., Case No. Case No. 09CC-003131 (Cir. Ct. of St. Louis County, MO 2011).

Obtained settlements totaling $265,000.00 in claims for diversion of corporate assets and misuse of bankruptcy process. Sosne vs. Neumann, et al., Case No. 09-04084 (E.D. Mo. Bkrptcy. 2009).

Obtained millions of dollars for clients through settlements of employment claims. (confidential settlements).

Recovered $2,300,000.00 for a class of employees who lost benefits as a result of an early retirement plan which violated the Older Workers Benefit Protection Act. Goldman & Smith, et al. v. General Dynamics, Case No. 4:95CV1452 (TCM) (1996).

Obtained a bankruptcy court order reinstating the employment of 40 truck drivers pending further legal proceedings. In re Valley Steel Products Co., Case No. 92-40778 (E.D. Mo. Bkrptcy. 1992).

Apparently prevented corporate merger which would have violated federal bankruptcy law and resulted in a 17.5% wage reduction for about 3,000 truck drivers around the United States and Canada. Automobile Transport Chauffeurs Demonstrators and Helpers Union, Teamsters Local 604 & Warner v. Allied Holdings, Inc., et al., Adversary Case No. 07-06695 (N.D. Ga. Bkrptcy. 2008) and In re Performance Transportation Services, Inc., et al., Case No. 07-04746 (MJK) (W.D.N.Y. Bkrptcy. 2008).

Forced arbitration by a recalcitrant car dealer, then recovered unpaid sales commissions and benefits for a group of 26 automobile sales representatives. Teamsters Local 604 v. Feld Chevrolet Company, Case No. 4:06CV01368 (ERW) (E.D. Mo. 2006) & subsequent arbitration (2006).

Obtained several orders reinstating the health, disability and retirement benefits of many claimants. See, e.g., Halbach & Schield v. Great-West Life Insurance & Annuity Co., et al., Case No. 4:05CV02399 (ERW) (E.D. Mo. 2009) (class reinstatement); Michael v. AIG, et al., Case No. 4:05CV02400 (ERW) (W.D. Mo. 2008); Wakefield v. Accor Economy Lodging, et al., Case No. 03-309 (S.D. Ill. 2005).

Obtained millions of dollars for its clients through settlements of employment claims. (confidential settlements).

At a prior firm, Mark Potashnick of Weinhaus & Potashnick was instrumental in recovering $2,300,000.00 for a class of employees who lost benefits as a result of an early retirement plan which violated the Older Workers Benefit Protection Act. Goldman & Smith, et al. v. General Dynamics, Case No. 4:95CV1452 (TCM) (1996).

At a prior firm, Mark Potashnick of Weinhaus & Potashnick obtained a bankruptcy court order reinstating the employment of forty truck drivers pending further proceedings. In re Valley Steel Products Co., Case No. 92-40778 (E.D. Mo. Bkrptcy. 1992).

Other Selected Cases:*

• Banks vs. Jack-in-the-Box, Case No. 09SL-CC03441 (Cir. Ct. of St. L. County, MO 2010) (termination based on perceived pregnancy complications).

• Bengana v. AT&T Corp., Case No. 4:07CV00910 (CEJ) (E.D. Mo.) (violation of Family and Medical Leave Act)

• Bowers, et al. v. EMI Capitol Records, et al., Case No. 4:06CV01557 (RWS) (E.D. Mo.) (copyright infringement)

• Burks vs. Elder Helpers, Case No. 0822-CC07287 (Cir. Ct. of City of St. L. MO 2010) (knowingly subjecting home health care worker to sexual predator).

• Cornett v. Tanner Seed, et al., Case No. 1:96CV00021 (ERW) (E.D. Mo.) (violation of Violence Against Women Act)

• Covington v. J.C. Penny Corporation, et al., Case No. 4:04CV00329 (SNL) (E.D. Mo.)
(misappropriation of image for commercial use)

• Covington v. L’oreal U.S.A., et al., Case No. 022-9430 (Cir. Ct. of City of St. L., MO) (breach of
contract & misappropriation of image for commercial use)

• Crocker v. KV Pharmaceutical, et al., Case No. 4:09CV0019 (CEJ) (breach of fiduciary duty by misuse of employee stock ownership funds)

• Davis v. Anheuser-Busch Employees’ Credit Union, Case No. 4:05CV00146 (CEJ) (violation of
Family and Medical Leave Act)

• Deleon, et al. v. Panera, LLC, Case No. Deleon, et al. v. Panera, LLC, et al., Case No. 11SL-CC02416 (Cir. Ct. of St. Louis County 2011) (multi-plaintiff racial harassment in employment).

• Dixon, et al. v. Crown Mart 5, et al., Case No. 10SL-CC00710 (Cir. Ct. of St. Louis County, MO) (denial of public accommodation rights based on race).

• Doe v. Prudential, Case No. 4:10-CV-00297 (CDP) (denial of disability benefits to attorney unable to perform occupation due to brain injury)

• E.W. vs. Ferguson Florissant School District, et al., Case No. 09SL-CC00728 (Cir. Ct. of St. L. County, MO) (middle school student molested by teacher)

• Goodspeed v. CNA Group Life Insurance Co., Case No. 4:02CV01961 (RWS)
(E.D. Mo.) (wrongful denial of disability benefits)

• Deleon v. Applebee’s International, Inc., et al., Case No. 3:06CV00149-GPM-PMF (S.D. Ill.) (racial harassment in employment)

• Gallegos, et al. v. General Motors Corp., et al., Case No. 4:07CV00002 (SNL)
(E.D. Mo.) (wrongful denial of employee benefit plan documents)

• Garfinkel v. BJC Health System, et al., Case No. 4:07CV00005 (CAS) (E.D. Mo.) (wrongful denial
of employee death benefits)

• Havener, et al. v. Power Screen USB, et al., Case No. 4:94CV02277 (JCH) (wrongful termination and workplace harassment based on sex, age and disability)

• Harris, et al. v. Kraft Foods Global, Inc., et al., Case No. 07BA-CV3803 (Cir. Ct. of Boone County, MO) (racial and sexual harassment in employment).

• Hutton v. Daimler Chrysler Corp., et al., Case No. 04CC-003062 (Cir. Ct. of St. L. County, MO) (sexual harassment)

• Kennedy v. Metropolitan Life Insurance Co., et al., Case No. 4:02CV00183 (TCM) (E.D. Mo.) (wrongful denial of disability benefits)

• Jordan v. Van Lenhardt, Inc., et al., Case No. 3:05CV00767-WDS-CJP (wrongful denial of public accommodation based on race)

• Menz v. Procter & Gamble Health Care Plan, et al., Case No. 4:04CV00077 (RWS) (E.D. Mo.) (wrongful denial of prosthesis)

• Michael v. AIG, et al., Case No. 4:05CV02400 (ERW) (E.D. Mo.) (wrongful denial of disability benefits)

• Moore v. St. Louis Composting, Inc., Case No. 08SL-CC02852 (Cir. Ct. of St. L. County, MO) (denied employee use of “whites only” restroom)

• Niethammer v. Prudential Insurance Company of America, Case No. 4:06CV01664 (CDP) (E.D. Mo.) (wrongful denial of disability benefits)

• Null v. Webster Groves School District, Case No. 09SL-CC03340 (sexual harassment)

• Scrivner v. AB Inbev, et al., Case No. 4:10CV01949 (JCH) (E.D. Mo.) (denial of employee disability benefits).

• Simms vs. Fontana Distribution, et al, Case No. 4:09CV00017 (AGF) (copyright infringement)

• Sorbello vs. Chuck E. Cheese, Case No. 09SL-CC01916 (Cir. Ct. of St. L. County, MO 2010) (groping of young female customer by costumed employee).

• Sosne vs. Neumann, et al., Case No. 09-04084 (E.D. Mo. Bkrptcy. 2010) (diversion of corporate assets and misuse of bankruptcy process )

• Turner v. Southwestern Bell Telephone, L.P., Case No. 4:04CV01688 (SNL) (E.D. Mo.) (wrongful termination based on employee’s refusal to waive rights to litigate against employer)

• Ragland v. Gannett Co., Inc., et al., Case No. 4:05CV02398 (FRB) (copyright infringement)

• Simms vs. Fontana Distribution, et al, Case No. 4:09CV00017 (AGF) (copyright infringement)

• Teamsters Local 604, et al. v. Inter-Rail Transport Co., Case No. 3:02CV01109-DRH-CJP (S.D. Ill.) (violation of WARN Act through failure to provide notice of facility closure)

• Teamsters Local 604, et al. v. Allied Holdings, Inc., et al., Adversary Case No. 07-06695 (N.D. Ga. Bkrptcy. 2008) and In re Performance Transportation Services, Inc., et al., Case No. 07-04746 (MJK) (W.D.N.Y. Bkrptcy. 2008) (apparently prevented threatened violation of bankruptcy law which would have resulted in 17.5% wage decrease to about 3,000 truck drivers in U.S. and Canada)

• Wakefield v. Accor Economy Lodging, et al., Case No. 03-309 (S.D. Ill. 2005) (wrongful denial of health insurance and failure to provide notice of continuing insurance rights)

• Ward v. Monsanto Co., Case No. 4:04CV670 (ERW) (wrongful denial of disability benefits)

• Watson v. Retirement Plan for Hourly Employees of International Paper Co., Case No.
4:02CV01164 (CEJ) (E.D. Mo.) (violation of employee’s rights against unlawful subjection to lie detector test)

• Williams v. Omaha Paper Stock, Inc., Case No. 062-888-1 (Cir. Ct. of City of St. L., MO 2007) (termination in violation of public policy)

* Past results afford no guarantee of future results. Every case is different and must be judged on its own merits. Case descriptions reflect allegations only.

The choice of a lawyer is an important decision and should not be based solely upon advertisements.