This is an Advertisement

Professionals

Michelle D. Wyrick

Partner

P 502-562-7562 F 502-589-0309

500 West Jefferson Street
Suite 2800
Louisville, KY 40202

 

Michelle Wyrick is a member of the Firm's Litigation & Dispute Resolution Service Team.  She concentrates her practice in the areas of commercial litigation, labor and employment law, including employment discrimination and employment-related torts, and litigation under the Employee Retirement Income Security Act ("ERISA").

Michelle D. Wyrick

Location

500 West Jefferson Street
Suite 2800
Louisville, KY 40202

Representative Matters

Ms. Wyrick has experience defending class actions, shareholder derivative actions, ERISA litigation, consumer protection act claims, and other complex litigation.  She also represents employers in litigation and arbitration and in matters before federal and state agencies, and she defends claims covered by Employment Practices Liability Insurance for insureds.  In addition, she counsels employers on compliance with federal and state employment laws, including wage and hour issues, employment discrimination statutes, the Family and Medical Leave Act, affirmative action requirements for government contractors, contract issues and employment-related torts.  She also helps clients draft, comply with, or enforce non-competition and non-solicitation agreements.  Some of her representative matters include:

  • Bruner v. The Sullivan Univ. Sys., Inc. (Jefferson Cir. Ct. 2016). The trial court granted the employer’s motion for summary judgment in a reverse sex discrimination case under the Kentucky Civil Rights Act.
  • Nash v. McHugh (M.D. Tenn. 2016). The trial court granted the employer’s motion to dismiss Plaintiff’s sexual harassment claims under the Kentucky Civil Rights Act. 
  • Kotwal v. Tran et al. (W.D. Ky. 2013).  The trial court dismissed Plaintiff’s discrimination claims under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act.  Plaintiff alleged that he was discriminated against based on his religion, his national origin, his gender, and his age.
  • Middleton et al. v. Lampton et al. (Jefferson Cir. Ct. 2013).  The trial court dismissed the Plaintiff shareholders’ derivative action in which they alleged that the corporation’s directors and officers breached their fiduciary duties.  The trial court ruled that the shareholders failed to make demand upon the corporation before filing suit. 
  • In re Almost Family, Inc. Shareholder Derivative Litig. (Jefferson Cir. Ct. 2012).  The trial court dismissed the Plaintiff shareholders’ derivative action in which they alleged that the corporation’s directors breached their fiduciary duties.  The trial court ruled that the shareholders failed to make demand upon the corporation before filing suit.
  • Fort Knox Nat’l Co. v. Fugitte (Hardin Cir. Ct. 2012).  In this shareholder appraisal action, the trial court granted summary judgment in favor of the corporation and its directors and officers on the shareholder’s counterclaims.  The trial court dismissed the shareholder’s breach of fiduciary duty, tortious interference, and unjust enrichment counterclaims.  The appraisal issue was subsequently resolved.
  • McClellan et al. v. Service Corp. Int'l (Ky. Ct. App. 2010). In this action involving discrimination and retaliation claims under the Kentucky Civil Rights Act, the Kentucky Court of Appeals affirmed the trial court's order confirming an arbitrator's entry of summary judgment in the employer's favor.
  • Perkins v. Prudential Ins. Co.(E.D. Ky. 2010). The Court affirmed the claims administrator's denial of short-term disability benefits and entered judgment in Prudential's favor.
  • Grubbs. v. Sullivan Univ. Sys., Inc. (Jefferson Cir. Ct. 2009). The Court granted Defendant's cross-motion for summary judgment and dismissed Plaintiffs' breach of contract and due process claims as well as Plaintiffs' tortious interference and intentional/negligent infliction of emotional distress claims.
  • Snyder v. Sullivan Univ. Sys., Inc. (W.D. Ky. 2007). The Court granted the defendant's motion for summary judgment in this action involving Americans with Disabilities Act and Kentucky Civil Rights Act claims.
  • Bagicalupo v. Kohlhepp et al. (Ky. Ct. App. 2007). In a case of first impression, the Kentucky Court of Appeals dismissed the Appellants' appeal in a shareholder double derivative action on the ground that a shareholder must maintain continuous shareholder status throughout the litigation to have standing to prosecute a derivative action.
  • Schneider v. Sullivan Univ. et al. (8th Cir. 2006). The United States Court of Appeals for the Eighth Circuit affirmed the trial court's entry of summary judgment in favor of the defendants on the plaintiffs' sexual harassment claims, §1981 claims and common law tort claims.
  • Haehl et al. v. Washington Mut. Bank, F.A. et al. (S.D. Ind. 2003). The Court granted the defendants' motion to dismiss this putative class action involving claims under the Real Estate Settlement Practices Act and various state laws.
  • Wright v. SCI Kentucky Funeral Servs., Inc. (2002). After a two-day arbitration in which Ms. Wyrick served as lead counsel, the arbitrator ruled in favor of the employer on the plaintiff's age discrimination claim.
  • Donald v. Metropolitan Life Ins. Co. (W.D. Ky. 2002). The District Court dismissed Plaintiff's claim for long-term disability benefits with prejudice for failure to exhaust administrative remedies.
  • Hite v. Metropolitan Life Ins. Co. et al. (W.D. Ky. 2002). The Court entered judgment in favor of Defendant on Plaintiff's claim for short-term disability benefits.
  • Wigger v. Metropolitan Life Ins. Co. (E.D. Ky. 2002). The Court affirmed the claims administrator's decision denying long-term disability benefits.
  • Anderson v. Inland Paperboard & Packaging, Inc. (6th Cir. 2001). The Court affirmed the trial court's entry of summary judgment in favor of the employer on the plaintiff's disability discrimination claim.
  • Rogalinski v. Hyde et al. (Jefferson Cir. Ct., Ky. 1997). After trial, the jury reached a verdict in favor of the defendants on the plaintiff's sexual harassment claim.
  • Robbins v. Allstate Ins. Co. (6th Cir. 1997). The United States Court of Appeals for the Sixth Circuit affirmed the trial court's entry of summary judgment in favor of the defendant on the plaintiff's federal and state race discrimination claims.
  • Fuller v. Retirement Plan for Salaried Employees of Brown & Williamson Tobacco Corp. & Certain Affiliates et al. (6th Cir. 1997). The United States Court of Appeals for the Sixth Circuit affirmed the District Court's judgment in favor of the disability retirement plan.

Professional Experience

  • Law Clerk for the Civil Rights Division of the U.S. Department of Labor in Washington, D.C., 1991
  • Law Clerk for the Civil Division of the Office of the Attorney General in Frankfort, Kentucky, 1990

Honors

Michelle Wyrick, SL

  • Recognized by Woodward/White’s The Best Lawyers in America® in Litigation – ERISA Law, 2015-2018 and Employment Law – Management, 2016-2018
  • Recognized by Best Lawyers® as Louisville Litigation - ERISA "Lawyer of the Year," 2017
  • Recognized by her peers in Kentucky Super Lawyers® 2015-2017
  • Recognized as one of the "Top Lawyers" in the area of Class Action Law by Louisville Magazine, March 2014

Education

1992 - J.D., Harvard University Law School; Editor of the Harvard Law Review

1989 - B.A., with high distinction and with honors, University of Kentucky

Presentations

Ms. Wyrick has conducted seminars and trainings on employee handbooks and personnel policies, hiring practices, sexual harassment, the Family and Medical Leave Act, wage and hour laws, record retention, retaliation and constructive discharge claims, and other employment-related topics.

Professional Activities and Memberships

  • Louisville, Kentucky and American Bar Associations

Admissions

  • United States District Court, Eastern and Western Districts of Kentucky
  • United States Court of Appeals, Sixth, Seventh and Eighth Circuits
  • United States Supreme Court

Civic Involvement

  • President, Board of Directors of Keystone Learning Academy, formerly known as California Area Family Development Center

Representative Matters

Ms. Wyrick has experience defending class actions, shareholder derivative actions, ERISA litigation, consumer protection act claims, and other complex litigation.  She also represents employers in litigation and arbitration and in matters before federal and state agencies, and she defends claims covered by Employment Practices Liability Insurance for insureds.  In addition, she counsels employers on compliance with federal and state employment laws, including wage and hour issues, employment discrimination statutes, the Family and Medical Leave Act, affirmative action requirements for government contractors, contract issues and employment-related torts.  She also helps clients draft, comply with, or enforce non-competition and non-solicitation agreements.  Some of her representative matters include:

  • Bruner v. The Sullivan Univ. Sys., Inc. (Jefferson Cir. Ct. 2016). The trial court granted the employer’s motion for summary judgment in a reverse sex discrimination case under the Kentucky Civil Rights Act.
  • Nash v. McHugh (M.D. Tenn. 2016). The trial court granted the employer’s motion to dismiss Plaintiff’s sexual harassment claims under the Kentucky Civil Rights Act. 
  • Kotwal v. Tran et al. (W.D. Ky. 2013).  The trial court dismissed Plaintiff’s discrimination claims under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act.  Plaintiff alleged that he was discriminated against based on his religion, his national origin, his gender, and his age.
  • Middleton et al. v. Lampton et al. (Jefferson Cir. Ct. 2013).  The trial court dismissed the Plaintiff shareholders’ derivative action in which they alleged that the corporation’s directors and officers breached their fiduciary duties.  The trial court ruled that the shareholders failed to make demand upon the corporation before filing suit. 
  • In re Almost Family, Inc. Shareholder Derivative Litig. (Jefferson Cir. Ct. 2012).  The trial court dismissed the Plaintiff shareholders’ derivative action in which they alleged that the corporation’s directors breached their fiduciary duties.  The trial court ruled that the shareholders failed to make demand upon the corporation before filing suit.
  • Fort Knox Nat’l Co. v. Fugitte (Hardin Cir. Ct. 2012).  In this shareholder appraisal action, the trial court granted summary judgment in favor of the corporation and its directors and officers on the shareholder’s counterclaims.  The trial court dismissed the shareholder’s breach of fiduciary duty, tortious interference, and unjust enrichment counterclaims.  The appraisal issue was subsequently resolved.
  • McClellan et al. v. Service Corp. Int'l (Ky. Ct. App. 2010). In this action involving discrimination and retaliation claims under the Kentucky Civil Rights Act, the Kentucky Court of Appeals affirmed the trial court's order confirming an arbitrator's entry of summary judgment in the employer's favor.
  • Perkins v. Prudential Ins. Co.(E.D. Ky. 2010). The Court affirmed the claims administrator's denial of short-term disability benefits and entered judgment in Prudential's favor.
  • Grubbs. v. Sullivan Univ. Sys., Inc. (Jefferson Cir. Ct. 2009). The Court granted Defendant's cross-motion for summary judgment and dismissed Plaintiffs' breach of contract and due process claims as well as Plaintiffs' tortious interference and intentional/negligent infliction of emotional distress claims.
  • Snyder v. Sullivan Univ. Sys., Inc. (W.D. Ky. 2007). The Court granted the defendant's motion for summary judgment in this action involving Americans with Disabilities Act and Kentucky Civil Rights Act claims.
  • Bagicalupo v. Kohlhepp et al. (Ky. Ct. App. 2007). In a case of first impression, the Kentucky Court of Appeals dismissed the Appellants' appeal in a shareholder double derivative action on the ground that a shareholder must maintain continuous shareholder status throughout the litigation to have standing to prosecute a derivative action.
  • Schneider v. Sullivan Univ. et al. (8th Cir. 2006). The United States Court of Appeals for the Eighth Circuit affirmed the trial court's entry of summary judgment in favor of the defendants on the plaintiffs' sexual harassment claims, §1981 claims and common law tort claims.
  • Haehl et al. v. Washington Mut. Bank, F.A. et al. (S.D. Ind. 2003). The Court granted the defendants' motion to dismiss this putative class action involving claims under the Real Estate Settlement Practices Act and various state laws.
  • Wright v. SCI Kentucky Funeral Servs., Inc. (2002). After a two-day arbitration in which Ms. Wyrick served as lead counsel, the arbitrator ruled in favor of the employer on the plaintiff's age discrimination claim.
  • Donald v. Metropolitan Life Ins. Co. (W.D. Ky. 2002). The District Court dismissed Plaintiff's claim for long-term disability benefits with prejudice for failure to exhaust administrative remedies.
  • Hite v. Metropolitan Life Ins. Co. et al. (W.D. Ky. 2002). The Court entered judgment in favor of Defendant on Plaintiff's claim for short-term disability benefits.
  • Wigger v. Metropolitan Life Ins. Co. (E.D. Ky. 2002). The Court affirmed the claims administrator's decision denying long-term disability benefits.
  • Anderson v. Inland Paperboard & Packaging, Inc. (6th Cir. 2001). The Court affirmed the trial court's entry of summary judgment in favor of the employer on the plaintiff's disability discrimination claim.
  • Rogalinski v. Hyde et al. (Jefferson Cir. Ct., Ky. 1997). After trial, the jury reached a verdict in favor of the defendants on the plaintiff's sexual harassment claim.
  • Robbins v. Allstate Ins. Co. (6th Cir. 1997). The United States Court of Appeals for the Sixth Circuit affirmed the trial court's entry of summary judgment in favor of the defendant on the plaintiff's federal and state race discrimination claims.
  • Fuller v. Retirement Plan for Salaried Employees of Brown & Williamson Tobacco Corp. & Certain Affiliates et al. (6th Cir. 1997). The United States Court of Appeals for the Sixth Circuit affirmed the District Court's judgment in favor of the disability retirement plan.

Professional Experience

  • Law Clerk for the Civil Rights Division of the U.S. Department of Labor in Washington, D.C., 1991
  • Law Clerk for the Civil Division of the Office of the Attorney General in Frankfort, Kentucky, 1990

Honors

Michelle Wyrick, SL

  • Recognized by Woodward/White’s The Best Lawyers in America® in Litigation – ERISA Law, 2015-2018 and Employment Law – Management, 2016-2018
  • Recognized by Best Lawyers® as Louisville Litigation - ERISA "Lawyer of the Year," 2017
  • Recognized by her peers in Kentucky Super Lawyers® 2015-2017
  • Recognized as one of the "Top Lawyers" in the area of Class Action Law by Louisville Magazine, March 2014

Education

1992 - J.D., Harvard University Law School; Editor of the Harvard Law Review

1989 - B.A., with high distinction and with honors, University of Kentucky

Presentations

Ms. Wyrick has conducted seminars and trainings on employee handbooks and personnel policies, hiring practices, sexual harassment, the Family and Medical Leave Act, wage and hour laws, record retention, retaliation and constructive discharge claims, and other employment-related topics.

Professional Activities and Memberships

  • Louisville, Kentucky and American Bar Associations

Admissions

  • United States District Court, Eastern and Western Districts of Kentucky
  • United States Court of Appeals, Sixth, Seventh and Eighth Circuits
  • United States Supreme Court

Civic Involvement

  • President, Board of Directors of Keystone Learning Academy, formerly known as California Area Family Development Center
Michelle D. Wyrick