Photo of Elisa J. Lintemuth

Elisa J. Lintemuth Member

Areas of Practice

Industries

Bar Admissions

  • Michigan

Court Admissions

  • U.S. Court of Appeals, 6th Circuit
  • U.S. District Court, Northern District of Indiana
  • U.S. District Court, Southern District of Indiana
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Western District of Michigan

Education

Michigan State University College of Law, J.D., summa cum laude

Michigan State Law Review, Senior Managing Editor

Dean Charles H. King Scholar

Denison University, B.A., summa cum laude

Language

  • French

Elisa J. Lintemuth’s practice focuses on employment counseling and litigation, commercial litigation, and ERISA litigation. Ms. Lintemuth is experienced in resolving disputes in both state and federal courts. 

Ms. Lintemuth regularly advises and trains employers regarding their obligations under state and federal employment laws. She assists employers by drafting employment policies and handbooks, and by negotiating employment and severance agreements. Ms. Lintemuth regularly responds to charges filed by employees with the Michigan Department of Civil Rights and the Equal Employment Opportunity Commission and defends employers in employment discrimination litigation. She also counsels employers with respect to pre-litigation investigations, strategy, and negotiation. Ms. Lintemuth also represents employers in labor strikes and in defending unfair labor practice proceedings. In addition, Ms. Lintemuth has experience and expertise in ERISA benefits litigation.

Experience

  • Advising employers on compliance with state and federal employment statutes and regulations including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Age Discrimination in Employment Act (ADEA), the Fair Labor Standards Act (FLSA), and 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 litigation matters involving claims for disability, life, and health insurance benefits and retirement benefits, on behalf of employers, insurers, and claims administrators.
  • 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), the Fair Credit Reporting Act (FCRA), the Real Estate Settlement Procedures Act (RESPA), and Michigan's foreclosure by advertisement statute.
  • Representing OEM, Tier 1, Tier 2, and Tier 3 clients in automotive lawsuits, including supplier disputes and tooling recovery. 
  • Achieving favorable results in cases involving fraud and other business torts.

  • Klaiss v. Steel Tool & Engineering Co., No. 18-cv-12053, 2019 U.S. Dist. LEXIS 144424 (E.D. Mich. 2019).  Received order dismissing plaintiff’s putative class claims for unjust enrichment and marital discrimination as preempted by ERISA.

  • Ferris Status University Board of Trustees v. Ferris Faculty Association (Mecosta County Circuit Court, 2018). Obtained temporary restraining order within hours of the commencement of a strike by University faculty members and other bargaining unit employees on the first day of classes, requiring employees to return to work.

  • Harris v. TPUSA, Inc., No. 1:16-cv-900, 2018 U.S. Dist. LEXIS 58029 (2018). Obtained summary judgment in a race discrimination case by proving that Plaintiff did not act with sufficient diligence to obtain the benefit of equitable tolling, and the statute of limitations had expired.

  • Holmes v. Aetna Life Ins. Co., No. 16-cv-11538, 2017 U.S. Dist. LEXIS 94258 (E.D. Mich. 2017). Obtained judgment upholding decisions to deny ERISA disability claims as reasonable and supported by substantial evidence; rejecting plaintiff’s argument that the Michigan bar on discretionary clauses applied; and rejecting plaintiff’s claim regarding failure to timely provide plan documents.

  • 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.

  • Chebowski v. Kelsey-Hayes Salaried Pension Plan, 2016 U.S. Dist. LEXIS 133960 (E.D. Mich. 2016). Obtained order granting judgment in favor of employer and pension plan on plaintiff's ERISA estoppel-based claims for pension benefits.
  • 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. 
  • 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 ERISA case challenging discretionary clause in long-term disability policy and received order affirming Hartford's denial of benefits.
  • 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.
  • 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.
  • “Employer Insights From 8th Circ. Retaliation Ruling”
    August 8, 2019
    Law360
  • "The Chicken or the Egg: Mental Disability Caps Apply Regardless of Origin"
    June 27, 2018
    The Voice, DRI – The Voice of the Defense Bar, Volume 17, Issue 25
  • "ABA Federal Labor Standards Committee Midwinter Report" (Chapter Editor)
    2018
  • "Employment Law for Michigan Employers" (Chapter Editor)
    The Institute of Continuing Legal Education, 3rd Edition, 2017
  • "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 2012
    Labor and Employment Law Notes, Vol. 22, No. 2, Labor and Employment Law Section, State Bar of Michigan
  • Regular contributor to Dykema's Labor & Employment Law Blog (www.laboremployment-lawblog.com)
  • "Parental Rights v. Parens Patriae: Determining the Correct Limitations on the Validity of Pre-Injury Waivers Effectuated by Parents on Behalf of Minor Children"
    2010
    Michigan State Law Review

Blog Posts

Memberships & Involvement

  • Grand Rapids Bar Association
  • Federal Bar Association

Community/Civic Activities

  • Frederik Meijer Gardens & Sculpture Park, Board of Directors, Co-Chair of the Great Gardens Party Committee, and member of the Executive Committee
  • Keystone Community Church, volunteer
  • Legal Aid of Western Michigan, Pro Bono work

Recognized in Michigan Super Lawyers® as a Rising Star for Business Litigation, Employment Litigation and Labor & Employment, 2014-Present