Paul A. WilhelmPaul Wilhelm Clark Hill
Paul A. Wilhelm
Paul Wilhelm represents clients in disputes over employment and employee benefits ranging from ERISA litigation matters to wage and hour claims and discrimination or retaliation claims.
Paul represents clients regionally and nationally in sophisticated and high-stakes disputes over employment and employee benefits. Whether an ERISA litigation matter, a wage-and-hour claim under the Federal Labor Standards Act, or comparable state law; a non-compete and trade secrets case, or claims of discrimination or retaliation, Paul diligently applies his experience to represent his clients from first internal complaint through final resolution.
Paul’s practice includes litigation and arbitration, where he regularly serves as lead counsel. Within the litigation sphere, he serves his clients through his experience in over 15 states, and in the arbitration sphere, he brings his experience before AAA, JAMS, and in private labor cases to his client’s benefit. He not only represents employers and other clients as lead counsel in litigation and arbitration but is skilled in assessing and managing litigation on a regional basis, using networks of proven local or co-counsel when needed.
Paul’s experience includes:
- Representing employers, service providers, and fiduciaries in ERISA litigation.
- Serving as regional counsel for benefits litigation for a national insurer and service provider.
- Defending national or regional clients in class and collective action wage-and-hour litigation under the FLSA and state law.
- Litigation regarding multiple class action settlement agreements over medical and prescription drug benefits offered to retirees.
- Defending a major consumer bank in a putative class action alleging violation of fiduciary duties relating to available investments.
- Defending a major retailer both at the trial court and appellate level in ERISA class action and age discrimination cases arising from severance payments made as part of a reorganization and transition plan.
- Defending plan sponsors and service providers in litigation over complex benefit denials.
- Prosecuting and defending numerous cases involving noncompetition and nonsolicitation agreements, including obtaining and defending against injunctive relief.
- Representing judgment creditors in collection upon monetary judgments.
- Defending hospitality and other clients against claims over ADA accessibility (e.g., ADA Title III).
Thompson v. Quicken Loans Inc., No. 19-31516-GC (Oakland Co. Dist. Ct. Mich. Dec. 12, 2019) (granting motion for judgment under ERISA in favor of employer/plan, upholding administrator’s denial of claim for disability benefits).
Lipford v. La-Z-Boy, Inc., No. 2:18-cv-11365 (E.D. Mich. Apr. 3, 2019) (granting motion for judgment under ERISA in favor of employer/plan, upholding administrator’s denial of claim for pension benefits).
Oakwood Healthcare, Inc. and AFSCME Council 25 (Perry) (Roumell, Dec. 16, 2014) (arbitration; upholding termination decision of employer).
Lord v. Aetna Life Ins. Co., No. 8:14-cv-131, 2014 U.S. Dist. LEXIS 148221 (D. Neb. Oct. 16, 2014) (judgment in favor of defendant on ERISA claim for benefits and discretion upheld where procedure was determined to be experimental or investigational).
AFSCME Council 25 and Oakwood Health Promotions, Inc. (Dowdell) (Opperwall, Jan. 16, 2014) (arbitration; upholding termination decision of employer).
Claeys v. Aetna Life Ins. Co., 548 Fed. App’x 344, 57 Employee Benefits Cas. (BNA) 2408 (6th Cir. 2013) (affirming dismissal on summary judgment, finding ERISA claims were time-barred based on plan’s limitation period and rejecting equitable tolling).
Amin v. Bank of America Pension Plan for Legacy Companies, No. 11-13789, 2013 U.S. Dist. LEXIS 82247, 57 Employee Benefits Cas. (BNA) 1307 (E.D. Mich. June 12, 2013) (motion to affirm/judgment granted in favor of defendant).
Moses v. Prison Health Servs., No. 2:09-cv-236, 2011 U.S. Dist. LEXIS 27140 (W.D. Mich., Mar. 16, 2011), aff’d, 2011 U.S. App. LEXIS 26712 (6th Cir. Dec. 16, 2011) (affirming dismissal of Section 1983 claim).
Crowell v. Bank of America Pension Plan for Legacy Companies, 2011 WL 856650 (N.D. Ill. Mar. 9, 2011) (dismissing ERISA claims).
Roback v. UPS Retired Employees’ Healthcare Plan, 2010 WL 4286180 (E.D. Mich. Oct. 26, 2010) (dismissing ERISA and state law claims).
Wescott v. Bank of America Corp., 2010 WL 1978685, 49 Employee Benefits Cas. 2146, Pens. Plan Guide (CCH) P 24007E (N.D. Ill. May 17, 2010) (dismissing ERISA claims).
Corbisiero v. Bank of America Corp., 2010 WL 996441, 49 Employee Benefits Cas. 1122 (N.D. Ill. Mar. 16, 2010) (dismissing ERISA and state law claims).
Reed v. Independent Bank Corp. and Hartford Life and Accident Ins. Co., 2008 WL 2780659, 44 Employee Benefits Cas. 2293 (E.D. Mich. July 16, 2008) (dismissing ERISA and state law claims).
Mills v. Williams, 476 F. Supp. 2d 653, 218 Ed. Law Rep. 331 (E.D. Mich. 2007), aff’d, 276 Fed. App’x 417, 234 Ed. Law Rep. 640 (6th Cir. 2008) (dismissing retaliation claim, affirmed on appeal).
Marks v. Newcourt Credit Group, Inc., 250 Fed. App’x 660 (6th Cir. 2007) (affirming dismissal of contract claim).
International Ass’n of Heat & Frost Insulators & Asbestos Workers v. Doerman, 2005 WL 1073511, 151 Lab. Cas. (CCH) P10540 (S.D. Ohio Apr. 18, 2005) (dismissing claim by union seeking to enforce fine against employee).