Photo of Elisa J. Lintemuth

Elisa J. Lintemuth Senior Attorney

Areas of Practice

Industries

Bar Admissions

  • Michigan

Court Admissions

  • 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

Education

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

Language

  • French

Elisa J. Lintemuth’s practice focuses on litigation, with an emphasis on employment litigation, commercial litigation, ERISA 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.

Experience

  • 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), 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), Michigan's foreclosure by advertisement statute, and the Home Affordable Modification Program (HAMP).
  • Achieving favorable results in cases involving fraud and other business torts.

  • Holmes v. Aetna Life Ins. Co., No. 16-cv-11538, 2017 U.S. Dist. LEXIS 94258 (E.D. Mich. 2017). Obtained judgment in favor of plan administrator and claims fiduciary in ERISA matter, upholding decisions to deny short-term and long-term 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 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. 
  • 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.
  • Know the Enemy and Know Yourself - Five New Tactics in FLSA Disputes and five Ways to Prepare, 2011 Dykema Employment Seminar
    November 15, 2011
  • 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

  • American Inns of Court, Gerald R. Ford Chapter
  • Grand Rapids Bar Association
  • Federal Bar Association

Community/Civic Activities

  • Frederik Meijer Gardens & Sculpture Park, Board of Directors and Great Gardens Party Committee Member
  • 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

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