Brian Schwartz

• Represented a university in Title IX litigation brought by female student-athletes following the elimination of its combined men’s and women’s swimming and diving team, ultimately resolving the case through a settlement that did not require the reinstatement of the team.
• Defended several universities in Title IX litigation by female student-athletes alleging violation of Title IX's requirements regarding participation, financial aid, and treatment and benefits.
• Serving as lead counsel for a university in multiple high-profile lawsuits involving Title IX, the Due Process Clause, Equal Protection Clause, discrimination claims, allegations of sexual assault and FOIA claims, obtaining successful dismissals and reasonable settlements.
• Secured a complete defense verdict in a jury trial for a university and its medical center in a discrimination and retaliation lawsuit brought by a former senior administrator, successfully demonstrating legitimate reasons for the elimination of plaintiff’s position.
• Achieved a major appellate victory for a university and its lab director in a wrongful death case, with the Sixth Circuit reversing the district court and ordering dismissal of all claims.
• Resolved a proposed class action challenging a university’s relocation of its softball team through protracted mediation, ultimately reaching a settlement that led to dismissal of the lawsuit.
• Successfully defended an ERISA action seeking over $350,000 in fringe benefit contributions.
• Obtained summary judgment in a discrimination, tort and ERISA interference lawsuit brought by a former employee, defeating broad discovery efforts and securing dismissal of all claims on behalf of a major utility company.

Beny v. University of Michigan, 2025 WL 2124175 (6th Cir. July 29, 2025), affirming 740 F.Supp.3d 621 (E.D. Mich. 2024) (affirming grant of summary judgment in employment discrimination case brought by current law professor)

Baltrusaitis v. UAW, et al, 133 F.4th 678 (6th Cir. 2025) (affirming dismissal of claims arising from alleged bribery scheme)

Kerchen v. Univ. of Michigan, 100 F.4th 751 (6th Cir. 2024) (reversing denial of governmental and qualified immunity)

Wurster v. Univ. of Michigan Regents, 2024 WL 4865972 (Mich. Ct. App. Nov. 21, 2024) (affirming jury verdict in favor of defendant in age and sex discrimination case)

Baltrusaitis v. UAW, et al., 86 F.4th 1168 (6th Cir. 2023) (affirming dismissal of LMRA and civil RICO claims arising from alleged bribery scheme)

Balow v. Michigan State Univ., 620 F. Supp. 3d 694 (W.D. Mich. 2022) (granting preliminary injunction but denying requested relief of the reinstatement of the eliminated varsity team)

Zwiker v. Lake Superior State Univ., 340 Mich. App. 448, 986 N.W.2d 427 (2022) (affirming dismissal of COVID-19 tuition refund claims)

Doe v. Michigan State Univ., 989 F.3d 418 (6th Cir. 2021) (affirming denial of due process, equal protection, and Title IX claims brought by former medical student expelled for sexual misconduct)

Perna v. Health One Credit Union, 983 F.3d 258 (6th Cir. 2020) (affirming dismissal of claims against defunct credit union based on application of the Federal Credit Union Act, which was found to deprive all courts of jurisdiction)

Foster v. Bd. of Regents of Univ. of Michigan, 982 F.3d 960 (6th Cir. 2020) (affirming grant of summary judgment in Title IX peer-on-peer harassment claim)

Briggs v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA, 774 F. App'x 942 (6th Cir. 2019) (affirming dismissal of ERISA claims based on alleged failure to disclose policy exclusion)

Perkins v. Rock-Tenn Servs., Inc., 700 F. App'x 452 (6th Cir. 2017) (affirming grant of summary judgment in Equal Pay Act and Elliott-Larsen Civil Rights Act pay discrimination case)

Wallace v. Wayne County, 602 F. App’x 223, 2015 WL 480224 (6th Cir. Feb. 6, 2015) (affirming dismissal of claims alleging First Amendment retaliation and retaliation in violation of the Michigan Whistleblower's Protection Act)

Detroit Pub. Sch. v. Conn, 308 Mich. App. 234, 863 N.W.2d 373 (2014) (affirming dismissal of Michigan Payment of Wages and Fringe Benefit Act claims arising from pay deduction program authorized by collective bargaining agreement)

Griffor v. DTE Energy, 2013 WL 3450032 (Mich. App. Ct. July 9, 2013) (discrimination, harassment and retaliation)

Madry v. Gibraltar National Corp., 2012 WL 2097357 (6th Cir. May 16, 2013) (Family and Medical Leave Act)

Greer v. Detroit Public Schools, 507 Fed.Appx 567 (6th Cir. Dec. 6, 2012) (deprivation of property and liberty claims in violation of rights protected the U.S. Constitution) 

Allen v Sears Roebuck and Co., 803 F.Supp.2d 690, 2011 WL 1044484 (E.D. Mich. Mar. 10, 2011) (age discrimination)

Billings v Michigan Ability Partners, 795 N.W.2d 10 (Mich. 2011) (in lieu of granting leave, reversing court of appeals decision that reinstated disability discrimination claim)

Boeing Co. v March, 656 F.Supp.2d 837 (N.D. Ill. 2009) (retiree health benefit claims under the Labor Management Relations Act and the Employee Retirement Income Security Act)

Leannah v Alliant Energy Corp. and Wisconsin Power & Light Co., 607 F.Supp.2d 946 (E.D. Wis. 2009) (dismissing retiree health benefit claims under the Labor Management Relations Act and the Employee Retirement Income Security Act)

Dobrowski v. Jay Dee Contractors, Inc., 571 F.3d 551 (6th Cir. 2009) (affirming grant of summary judgment in FMLA case after employee was terminated upon return from leave)

Williams v Detroit Bd. of Educ., 523 F.Supp.2d 602 (E.D. Mich. 2007), aff'd, 306 F. App’x 943 (6th Cir. 2009) (dismissing defamation claims)

"Title IX Athletics Equity: Pragmatic Approaches to Participation and Scholarship Equity," Panelist, NACUA 2023 Annual Conference

"Beyond COVID-19: Managing and Motivating a Hybrid Workforce," Miller Canfield 2022 HR Fall Training Camp

"Recovering from COVID-19: The Future of Work in Michigan," Miller Canfield 2021 Employment Law Webinar

"Reopening Business: Employer Issues and Risks," Michigan Manufacturers Association webinar, May 14, 2020 (audio recording)

"Billing that Works for You and Your Clients," Institute of Continuing Legal Education, Breakfast Basics: Alternative Fee Arrangements, October 28, 2016, Ann Arbor, Michigan (Co-Presenter)

"Independent Contractor vs. Employee," American Payroll Association, Detroit Chapter, March 11, 2011, Novi, Michigan 

"How Independent Are Your Contractors?," Michigan Manufacturers Association, November 11, 2010, Lansing, Michigan