Michael J. Nacchio

Significant First Chair Trial Experience

• Obtained complete defense verdict in federal jury trial of Title VII and NYC Human Rights Law race and religious discrimination claims
• Obtained defense verdicts on all Title VII and New York State claims in federal jury trial of gender stereotyping and sexual orientation harassment and retaliation action; secured favorable $20,000 verdict on NYC law harassment claim and a two-thirds reduction in attorney’s fees for plaintiff’s limited success and overbilling
• Obtained favorable verdict in three-week jury trial on behalf of police department in wrongful death action where jury found plaintiff two-thirds at fault for his own death; negotiated five-figure settlement post-verdict
• Obtained complete defense verdict on behalf of police department in jury trial of excessive force battery claims
• Obtained complete defense verdict on behalf of correction officials in jury trial of § 1983 excessive force battery claims
• Obtained two complete defense verdicts in general negligence jury trials, plus two directed verdicts
• Selected nineteen juries and negotiated numerous favorable settlements

Significant Case Outcomes

• Obtained dismissal with prejudice of defamation and tortious inference claims on behalf of NJ hospital manager where plaintiff declined to oppose summary judgment motion and instead voluntarily dismissed his lawsuit
• Secured no-pay discontinuance with prejudice during discovery of NJ Law Against Discrimination and NJ Conscientious Employee Protection Act claims on behalf of national healthcare provider
• Secured dismissal with prejudice of an employee’s NY Labor Law § 740 whistleblower claim alleging wrongful termination for complaining of his employer’s COVID-19 response
• Secured no-pay discontinuance with prejudice during discovery in New York prevailing wage action
• Obtained dismissal of all prevailing wage and overtime claims in federal action based upon diversity jurisdiction
• Obtained summary judgment dismissing federal discriminatory discharge action on behalf of major supermarket retailer
• Obtained summary judgment dismissing economic damages claims on behalf of accounting firm in whistleblower action brought by former accountant
• Secured summary judgment on all claims in New Jersey Law Against Discrimination and Equal Act Pay wrongful termination suit
• Secured summary judgment on all claims in federal, state, and NYC Human Rights Law age discrimination and breach of contract wrongful termination suit of a former chief physician of a hospital
• Secured summary judgment on all claims in federal, state, and NYC Human Rights Law claims in religious and national origin discriminatory discharge action of a former pharmacist of a hospital
• Secured dismissal of all claims in federal, state, and NYC Human Rights Law disability discrimination and retaliation claims where Court found plaintiff’s leave request was not a request for a reasonable accommodation
• Secured dismissal of all claims in §1981 race discrimination claims where former supervisor was terminated (and later convicted) for sexual abuse of a coworker
• Secured dismissal of pro se discrimination complaint based upon violation of Rule 8 of the Federal Rules of Civil Procedure, affirmed on appeal

Education

• J.D., Fordham University School of Law, 2010
• B.A., Georgetown University, 2006

Admission to Practice

• New Jersey
• New York
• U.S. District Court, District of New Jersey
• U.S. District Court, Eastern, Northern, and Southern Districts of New York
• U.S. Court of Appeals, Second Circuit

• Ogletree Deakins Webinar – “Drug Testing Guidance for Employers Doing Business in New Jersey” – September 21, 2022
• Ogletree Deakins Webinar – “What New Jersey’s Legalization of Recreational Marijuana Means for Employers” – November 17, 2020
• Ogletree Deakins Webinar – “COVID-19 Update for New Jersey Employers: Leave and Benefit Issues” – April 6, 2020

• May 8, 2023 – SHRM Online – “New Jersey Employers Face Changes to Unemployment Compensation Law”

• Recognized in The Best Lawyers in America^® (2023, 2024)

*No aspect of this communication has been approved by the Supreme Court of New Jersey. For methodology for selection for one of the honors above, please click on the following link.