Gilbert P. Brosky

Partner

Cleveland
T +1.216.861.7547
F +1.216.696.0740

Overview

Gil Brosky concentrates his employment litigation practice on the resolution of complex class and collective actions. A large part of his time is devoted to representing employers in nationwide ERISA cases on a wide range of issues ranging from collectively bargained retiree benefits, alleged independent contractor misclassification, denial of benefits, and COBRA compliance. Gil has also successfully litigated numerous class and collective wage and hour disputes across the country under both state and federal law.

Part of Gil’s success is attributable to his extensive familiarity with large-scale electronic data issues, and using such data offensively to promote the best result for the employer. Gil is a contributor to BakerHostetler’s Employment Class Action blog, offering commentary on recent class action decisions and trends affecting employers.

Select Experience

  • Successfully argued before the Sixth Circuit for reversal of arbitrator’s award of retiree healthcare benefits under a collective bargaining agreement.
  • Has represented third-party COBRA administrators in numerous actions brought under ERISA.
  • Has extensively analyzed and litigated the limits of “equitable remedies” available to ERISA plaintiffs.
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Experience

  • Successfully argued before the Sixth Circuit for reversal of arbitrator’s award of retiree healthcare benefits under a collective bargaining agreement.
  • Has represented third-party COBRA administrators in numerous actions brought under ERISA.
  • Has extensively analyzed and litigated the limits of “equitable remedies” available to ERISA plaintiffs.
  • Has frequently analyzed employee data in class and collective actions to identify litigation strategies and rebut alleged damages.
  • Successfully defended an asserted national class action alleging disparate impact with respect to the use of criminal background checks in the hotel industry.
  • Has defended numerous individual lawsuits in both state and federal courts.
  • Frequently advises employers on restructurings and reductions in force.
Representative Decisions
  • UAW v. TRW Automotive U.S. LLC, 2019 WL 1040636 (6th Cir. 2019)
  • Jammal v. Am. Family Ins. Co., 914 F.3d 449 (6th Cir. 2019)
  • UAW v. Kelsey-Hayes Co., 138 U.S. 1166 (2018)
  • Jones-Rankins v. Cardinal Health Inc., 540 Fed. Appx. 806 (9th Cir. 2013)
  • Van Pamel v. TRW Vehicle Safety Systems, Inc., 723 F.3d 664 (6th Cir. 2013)
  • UAW v. Kelsey-Hayes Co., 192 L.R.R.M. (BNA) 2677 (E.D. Mich. 2011)
  • Schreiber v. Philips Display Components Co., 692 F. Supp. 2d 747 (E.D. Mich. 2010), aff'd, 503 Fed. Appx. 385 (6th Cir. 2012)
  • Baechle v. Energizer Battery Mfg., Inc., 2010 WL 2342473 (N.D. Ohio 2010)
  • Bloedow v. CSX Transp., Inc., 638 F. Supp. 2d 831 (N.D. Ohio 2009)
  • Heffelfinger v. Electronic Data Systems Corp., 580 F. Supp. 2d 933 (C.D. Cal. 2008)
  • Tenney v. General Elec. Co., 118 Ohio St. 3d 197, 887 N.E.2d 349 (2008)

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (2020)
    • Recommended in Labor and Employment - Labor and Employment Disputes (including collective actions): Defense
  • Ohio Super Lawyers "Rising Star" (2013 to 2019)

Memberships

  • American Bar Association
  • Ohio State Bar Association
  • Cleveland Bar Association

Prior Positions

  • Army JAG, 25th Infantry Department of Defense: Intern (Honolulu)

Admissions

  • U.S. Court of Appeals, First Circuit, 2009
  • U.S. Court of Appeals, Sixth Circuit, 2010
  • U.S. District Court, Western District of Michigan, 2006
  • U.S. District Court, Northern District of Ohio, 2006
  • U.S. District Court, Western District of Wisconsin, 2016
  • U.S. District Court, District of Nebraska, 2017
  • U.S. District Court, Southern District of Ohio, 2018
  • U.S. District Court, Western District of Tennessee, 2019
  • U.S. District Court, Eastern District of Arkansas, 2019
  • Ohio, 2005

Education

  • J.D., University of Michigan Law School, 2005
  • B.A., Tiffin University, 2001

Blog

In The Blogs

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Employment Class Action Blog
Third Circuit Rejects District Court’s Trial-Before-Certification Plan
October 20, 2021
Years ago, employers argued unsuccessfully that plaintiffs should not be able to pursue so-called hybrid claims pursuing both Rule 23 opt-out classes and Fair Labor Standards Act (FLSA) opt-in collective claims at the same time. They noted...
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Employment Class Action Blog
The Fifth Circuit Again Considers the ‘Forby’ Case and When the Right To Arbitrate Is Waived Based on an Amended Complaint
October 8, 2021
By John B. Lewis As we have said in the past, determining when a party waives its right to arbitrate is never easy and the nuanced standards vary among the circuits. Now a case that has come to the U.S. Court of Appeals for the Fifth...
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Employment Class Action Blog
Divided Ninth Circuit Reinstates Part of California's Anti-Arbitration Law
By Gregory V. Mersol
September 22, 2021
For many years, state and federal courts in California have opposed arbitration and have manufactured frameworks under which they become unenforceable despite the clear directives of the Federal Arbitration Act (FAA) and countless Supreme...
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Employment Class Action Blog
Spending Bill Would Place Class Action Waivers in Jeopardy
By Gregory V. Mersol
September 10, 2021
Only three years ago, the Supreme Court reversed the holdings of a large number of lower courts and held that class action waivers in arbitration agreements were enforceable. Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018). We blogged...
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Employment Class Action Blog
Dealing With COVID-19 in Your Workplace Without Inviting Future Class Actions
By Gilbert P. Brosky
March 23, 2020
You don’t need us to tell you that it’s not an easy time to be an employer. With ever growing concerns over employee safety, business operations, costs, and complying with new and rapidly evolving legislation as a result of COVID-19...
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