Mackall, Crounse & Moore, PLC has joined Dewitt Ross & Stevens S.C.

The newly formed DeWitt Mackall Crounse & Moore S.C. will provide clients with enhanced legal services
and efficiencies as well as access to more than 100 attorneys practicing in nearly 30 areas of
law in Wisconsin and Minnesota.

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Gardner
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John C. Gardner

location:
Madison
email:
jcg@dewittross.com
phone:
608-252-9322
fax:
608-252-9243
assistant:
Brenda Ferris
http://www.linkedin.com/pub/john-gardner/7/5a/79a

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Employers of all shapes and sizes have turned to John to help them deal with a wide assortment of employment-related legal issues, as well as to represent them in employment-related litigation. Since 2004, John has defended employers in state and federal courts across the United States from single-plaintiff and class action lawsuits asserting claims for violations of wage and hour laws (including the Fair Labor Standards Act (“FLSA”)), violations of the Family and Medical Leave Act (“FMLA”), violations of the Employee Retirement Income Security Act (“ERISA”), violations of the Fair Credit Reporting Act (“FCRA”), discrimination, harassment, retaliation, failure to accommodate, and breach of contract. In addition, John has successfully represented employers and employees on both sides of covenant-not-to-compete/restrictive covenant litigation, and has successfully represented employers in proceedings before the National Labor Relations Board (“NLRB”). John has also represented employers in collective bargaining negotiations and advises employers on various other labor/management issues.

Significantly, John has tailored much of his practice to helping employers avoid litigation altogether. He regularly counsels employers with regard to their employee handbooks, the proper construction of various employment policies and procedures, compliance with state and federal leave laws (including the FMLA and the Americans with Disabilities Act (“ADA”), compliance with state and federal wage laws (including the overtime exemptions set forth under the FLSA), employee/independent contractor classifications, termination and hiring decisions, disciplinary decisions, reductions-in-force, and disability accommodation issues.

John is a frequent speaker on labor and employment law matters.

Other Litigation

In addition to his employment law work, John regularly represents businesses and individuals in a wide variety of civil disputes. These include intellectual property litigation, breach of contract actions and condemnation/eminent domain proceedings, among many others. In addition, John regularly represents Wisconsin licensees in disciplinary actions initiated by the Wisconsin Department of Safety and Professional Services.

Clients

Since beginning his practice, John has represented employers of all shapes and sizes and from all types of industries, including those performing work related to staffing services, financial services, electronics, engineering, health care, manufacturing, transportation, agriculture, and many other areas. These employers include members of the Fortune 500, as well as employers that have no more than one or two permanent employees.

Notable Representations

John has successfully represented employers in state and federal courts in Wisconsin, Illinois, Colorado, Pennsylvania, Tennessee, Virginia, Missouri, Mississippi, Oklahoma, North Dakota, Florida, Washington, Kansas, Michigan, New York, Texas, California and Puerto Rico, as well as in front of numerous federal and state administrative agencies and in arbitration proceedings. A small sampling of these representations includes the following:

  • Equal Employment Opportunity Commission (“EEOC”) v. Flambeau, Inc., Case No. 14-cv-638 (W.D. Wis. 2015) (obtained summary judgment for employer on the EEOC’s claim that the employer’s wellness plan violated the ADA)
  • Ronald Mukasa Maiteki v. Marten Transport, Ltd., Case No. 12-cv-2021 (D. Col. 2015) (obtained summary judgment for employer in case alleging various violations of the Fair Credit Reporting Act)
  • Daniel Madero, et al. v. Peters Engineering, Inc., et al., Case No. 12-cv-50157 (N.D. Ill. 2015) (obtained partial summary judgment for employer on multi-plaintiff claims regarding alleged violations of the Illinois Prevailing Wage Act)
  • Madison Investment Advisors, Inc. v. Leslie Martin III, Case No. 2012AP744 (Wis. Ct. App. 2012) (obtained summary judgment for employer on breach of contract claims)
  • Joann Stuyvenberg v. GC of Appleton, Inc., Case No. 09-C-461 (W.D. Wis. 2010) (obtained summary judgment for employer on harassment claim)
  • Mickens et al v. Cargill, Inc., Case No. 2:08-cv-02015 (W.D. Tenn. 2010) (obtained summary judgment for employer on discrimination/retaliation claims)
  • Macchioni v. Robert Half, 2007 WL 2484031 (Vir. Aug. 24, 2007) (obtained a ruling invalidating non-compete on behalf of appellants)

Articles & Presentations

Our Locations

Madison

Two East Mifflin Street, Suite 600
Madison, WI 53703
(608) 255-8891
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Greater Milwaukee

13935 Bishop's Drive, Suite 300
Brookfield, WI 53005
(262) 754-2840
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Minneapolis

1400 AT&T Tower,
901 Marquette Avenue
Minneapolis, MN 55402
(612)305-1400
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Get to know us

DeWitt Ross & Stevens S.C., including its affiliate DeWitt Mackall Crounse & Moore S.C., is one of the ten largest law firms based in Wisconsin, with an additional presence in Minnesota. It has nearly140 attorneys practicing in Madison, Metropolitan Milwaukee and Minneapolis in over 30 legal practice areas, and has the experience to service clients of all scopes and sizes.

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Partners

We are an active and proud member of Lexwork International, an association of midsized independent law firms in major cities located throughout the Americas, Europe and Asia.

Awards

Best Lawyers 2013 - 2016
Compass Award 2012
Top 100 Lawyers: National Trial Lawyers Association

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