Areas of Practice
- U.S. Court of Appeals, 6th Circuit
- U.S. District Court, Southern District of Indiana
- U.S. District Court, Western District of Michigan
- U.S. District Court, Eastern District of Michigan
Michigan State University College of Law, J.D., summa cum laude
Michigan State Law Review, Senior Managing Editor
Denison University, B.A., summa cum laude
Elisa J. Lintemuth’s practice focuses on litigation, with an emphasis on employment litigation, commercial litigation, consumer finance litigation, and appeals. Ms. Lintemuth is experienced in successfully resolving disputes in both state and federal courts. In addition, Ms. Lintemuth regularly advises and trains employers regarding their obligations under state and federal employment laws.
- Advising employers on compliance with state and federal employment statutes and regulations including the American with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Age Discrimination in Employment Act (ADEA), the Fair Labor Standards Act (FLSA), the Michigan Elliott-Larsen Civil Rights Act (ELCRA).
- Successfully defending employers in discrimination and wrongful discharge actions in both state and federal courts, and in administrative charges before the EEOC and Michigan Department of Civil Rights.
- Defense of ERISA insurance coverage claims.
- Successfully defending claims against some of the nation's largest financial institutions under state and federal laws, including the Fair Debt Collection Practices Act (FDCPA), Michigan's foreclosure by advertisement statute, and the Home Affordable Modification Program (HAMP).
- Representing taxpayers in tax disputes with the Michigan Department of Treasury before the Tax Tribunal, Court of Claims, Michigan Court of Appeals, and Michigan Supreme Court.
- Successfully representing an employer in multiple levels of an unemployment appeal.
- Achieving favorable results in cases involving fraud and other business torts.
James v. Munson Med. Ctr., 2016 U.S. Dist. LEXIS 34278 (W.D. Mich. 2016). Obtained order granting summary judgment in favor of employer in case alleging violations of the Family Medical Leave Act and the Americans with Disabilities Act.
- Allen v. WalMart Stores, Inc., 22 F. Supp. 3d 722 (E.D. Mich. 2014), affirmed by 602 Fed. Appx. 617 (6th Cir. 2015). Obtained favorable decision dismissing employee’s claims under the Family Medical Leave Act.
- Farnsworth v. Nationstar Mortgage, LLC, No. 13-2157, 2014 WL 2743508 (6th Cir. 2014), affirming 2013 U.S. Dist. LEXIS 108164 (E.D. Mich. 2013). Successfully defended claims for breach of contract, fraud, and a challenge under the foreclosure by advertisement statute at both the district court and on appeal to the Sixth Circuit, including defending against a motion to remand and a motion for a temporary restraining order.
- Burmania v. Hartford Life & Accident Insurance Co, No. 12-cv-1244, 2013 U.S. Dist. LEXIS 175530 (W.D. Mich. Dec. 12, 2013). Obtained favorable decision in case challenging discretionary clause in long-term disability policy and received order affirming Hartford's denial of benefits.
- Brooks v. Oakland Univ., No. 13-10701, 2013 U.S. Dist. LEXIS 167855 (E.D. Mich. 2013). Obtained order dismissing Plaintiff’s discrimination claims under the Fair Housing Act and Elliott-Larsen Civil Rights Act.
- Michigan Production Machining, Inc. v. Dep't of Treasury, No. 312224, 2013 WL 5989669 (Mich. App. Nov. 12, 2013). The Michigan Court of Appeals affirmed the Tax Tribunal's grant of summary disposition in favor of taxpayer in dispute regarding tax due under the Single Business Tax Act.
- McLaughlin v. Chase Home Finance LLC, No 12-1578, 2013 WL 1003465 (6th Cir. Mar. 14, 2013), affirming 2012 WL 995284 (E.D. Mich. Mar. 23, 2012). Successfully defended claims challenging the validity of MERS mortgages, the requirement to pay transfer taxes, and the ability of the bank to foreclose at both the district court and on appeal to Sixth Circuit.
- Majors v. Hartford Life & Accident Insurance Co., No. 10-cv-14504, 2012 WL 5820437 (E.D. Mich. June 6, 2012). Obtained decision affirming Hartford's denial of benefits and dismissing Plaintiff's breach of fiduciary duty claim.
- U.S. Motors v. General Motors Europe, No. 29901 (Mich. App. Jan. 17, 2012 and Mar. 13, 2012), No. 145002 (Mich. S. Ct. Oct. 4, 2012). Successfully defended GM Europe’s interests through all levels of appeal in case alleging breach of contract.
- Pars Ice Cream Company, Inc. v. Dep't of Treasury, No. 305148, 2012 WL 3322630 (Mich. App. Aug. 14, 2012). Michigan Court of Appeals affirmed the Tax Tribunal's grant of summary disposition in favor of taxpayer in dispute regarding sales tax.
- Braverman Properties, LLC v. Boston Pizza Restaurants, LP, No. 10-cv-941, 2011 WL 2551189 (W.D. Mich. 2011). Successfully enforced arbitration provision incorporated into parties' agreement.
Seminars & Speeches
- Know the Enemy and Know Yourself - Five New Tactics in FLSA Disputes and five Ways to Prepare, 2011 Dykema Employment SeminarNovember 15, 2011
- The Developing Labor Law (Contributing Editor)American Bar Association Treatise, Sixth Edition, 2016 Cumulative Supplement, Bloomberg BNA
- "Distinction Without Difference? Business Necessity v. Reasonable Factor Other Than Age Under the EEOC's New ADEA Regulations"Summer 2012Labor and Employment Law Notes, Vol. 22, No. 2, Labor and Employment Law Section, State Bar of Michigan
- "Parental Rights v. Parens Patriae: Determining the Correct Limitations on the Validity of Pre-Injury Waivers Effectuated by Parents on Behalf of Minor Children"2010Michigan State Law Review
- May 28, 2014
- May 15, 2012
- April 12, 2012
- September 1, 2016
- September 8, 2015
- September 2, 2014
- November 17, 2010
- NLRB Refines Standard for Determining Joint Employer Status
- Sixth Circuit Affirms that Michigan Mortgagees Need Not Disclose Who Owns the Note to Foreclose, and Borrowers Cannot State a Negligence Claim Based on Alleged Duties Under HAMP
- Supreme Court Holds Bankruptcy Court’s Denial of Confirmation of Proposed Plan Not Final, Appealable Order
- Sixth Circuit Affirms Limits on Employees’ Ability to be Paid for Minor Impositions Made During Meal Breaks
- CFPB Proposes New Rules Regulating Prepaid Cards
- OSHA Provides Interim General Guidance for Workers and Guidance for Workers in Fields at Increased Risk of Ebola Exposure
- Department of Labor Announces Proposal to Revise the Definition of “Spouse” Under the FMLA to Include Same-Sex Couples
- North Carolina Department of Insurance States that Collection Agencies May Not Charge Convenience Fees for Payments
- Michigan Court of Appeals Rules Mortgagees Responsible for Condominium Assessments from Date of Sheriff’s Sale
- New CFPB Guidance on Higher-Priced Mortgage Loan Appraisal Rules under the Truth in Lending Act
- The 12 Days of Medical Leave: Dealing with FMLA Abuse Around the Holidays
- Mothers At Work – Does Your Business Have A Lactation Policy?
- Mortgage Bankers Can’t Get Sixth Circuit To Overturn Jury Verdict For Employer In Overtime Suit Over FLSA Administrative Exemption.
- Sixth Circuit Finds in Favor of Employer in FLSA Lawsuit When Plaintiff Failed to Report Missed Meals Pursuant to Employer Policy
- Court Rules That Collective Bargaining Agreements May Affect FMLA Eligibility
- NLRB Decision Finds Confidentiality Requirement A Violation of Section 7 Rights
- The "Honest Belief" Rule: A Process Oriented Defense
- EEOC Announces Revised Enforcement Guidelines for Use of Arrest and Conviction Records
- EEOC's New Age Discrimination Regulations Set To Go Into Effect April 30th
- Sixth Circuit Clarifies What It Means To Be Harassed At Work
- Michigan Court of Appeals Holds Mortgage Servicers May Initiate Foreclosure by Advertisement Without Assignment of Mortgage
Memberships & Involvement
- American Inns of Court, Gerald R. Ford Chapter
- Grand Rapids Bar Association, Young Lawyers Section
- Federal Bar Association
- Frederik Meijer Gardens & Sculpture Park, Great Gardens Party Committee Member
- Keystone Community Church, volunteer
- Legal Aid of Western Michigan, Pro Bono work
Awards & Recognition
Recognized in Michigan Super Lawyers® as a Rising Star for Business Litigation and Employment Litigation, 2014-Present
Jurisprudence Achievement Awards in Civil Procedure II, Torts II, Business Enterprises, and Employment Law
Denison University, French Department Fellow
Michigan State University College of Law, Dean Charles H. King Scholar