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John O. Sheller
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John O. Sheller

Member, Louisville
502.560.4288

John is a Member in Stoll Keenon Ogden’s Louisville office and has been with the firm since 2007. He has a track record of success in Labor and Employment Law spanning 35 years, and is honored to serve as Chair of the Kentucky State Labor Relations Board, which resolves disputes between public employers and their labor organizations.

He is responsible for creating binding legal precedent entitling employers to secure indemnity from other parties in harassment or retaliation cases. He has also established legal precedent holding that the claim for intentional infliction of emotional distress is preempted by statute. In a class discrimination case, he prevailed in challenging a claim brought by the federal government that women were categorically excluded from coal mining jobs.

For his many accomplishments, John has been distinguished with multiple local, state and national recognitions, including more than eight consecutive years of being listed in the Best Lawyers in America® peer-review publication.

Labor, Employment & Employee Benefits: John’s extensive experience encompasses the full breadth of employment law, including traditional labor law, claims of harassment and retaliation, breach of contract disputes and enforcement of trade secrets.

Appellate: Once a trial court decision has been made, John is fully prepared to take cases to court at the state or federal level as necessary to obtain a satisfactory resolution. He has obtained favorable verdicts for both appellants and appellees.

 

John O. Sheller
Contact John
Practices
Appellate
Labor, Employment & Employee Benefits
Education
Indiana University
1984, J.D., cum laude
Ball State University
1981, B.A., summa cum laude
Admissions
Indiana
Kentucky
Pro Hac Vice: Approximately 25 courts in 12 states
Texas
U.S. Court of Appeals, Fifth Circuit
U.S. Court of Appeals, Seventh Circuit
U.S. Court of Appeals, Sixth Circuit
U.S. Court of Appeals, Third Circuit
U.S. District Court, Eastern District of Kentucky
U.S. District Court, Northern District of Indiana
U.S. District Court, Northern District of Texas
U.S. District Court, Southern District of Indiana
U.S. District Court, Western District of Kentucky
United States Supreme Court

Recognition

  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®
  • Best Lawyers®, Employment Law — Management, Labor Law — Management, and Litigation — Labor and Employment, 2010-present
  • Kentucky Super Lawyers® Honoree, 2013-2023
  • Louisville Magazine Top Lawyer, Labor & Employment Law, 2012; Labor & Employment Law - Defense, 2013 and 2014
  • Chambers USA, Leading Lawyer for Business, Labor & Employment, 2014-2016
  • Responsible for creating binding legal precedent entitling employers to secure indemnity from other parties in discrimination, harassment, or retaliation cases.
  • Successful in preserving constitutional and statutory right of private membership clubs to select their own members without adverse tax consequences.
  • Established legal precedent holding that claim for intentional infliction of emotional distress or outrage is preempted by statute.
  • Prevailed in class discrimination case brought by federal government seeking to establish that women were categorically excluded from coal mining jobs.
  • Succeeded in preventing ACLU and similar organizations from using courts to create judicial amendment expanding Civil Rights Acts beyond their terms.
  • Established legal precedent recognizing civil rights act exemption for national veterans organization.
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Affiliations

  • Louisville Bar Association
  • Kentucky Bar Association
  • Indiana Bar Association
  • Texas Bar Association
  • Louisville Bar Foundation
  • State Labor Relations Board, Chair
  • Federalist Society
  • National Multiple Sclerosis Society, Board Member, 2008-2019
  • Louisville Metro Animal Services Spot Board, Board Member, 2011-2018
  • Disabled American Veterans, Supporter
  • Sunrise Children's Services, Contributor
  • Federalist Society, Member
  • Christian Legal Society, Contributor/Supporter
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Work Highlights

Sexual Orientation Discrimination Claim

SKO represented a nonprofit in a suit brought by two women who claimed that they were victims of discrimination on the basis of sexual orientation. The individuals sued under Title VII of the Civil Rights Act of 1964 and the Kentucky Civil Rights Act. The nonprofit moved to dismiss the case for failure to state a claim upon which relief could be granted. The gravamen of the motion to dismiss was that the plaintiffs could not state a claim for religious discrimination without at least contending that their own religious views or practices were adversely effected in some way. The motion was vigorously opposed by plaintiffs and their advocates. The United States District Court granted the nonprofit’s motion to dismiss in a published opinion that adopted SKO’s argument. A panel of the United States Court of Appeals for the Sixth Circuit unanimously affirmed the dismissal on the same rationale in another published opinion. Petitions for en banc review by the full Sixth Circuit and for writ of certiorari in the United States Supreme Court were later denied.

Related Practices: Labor, Employment & Employee Benefits

Breach of Contract, Fiduciary Duty & Trade Secrets Law

SKO represented four employees of an asset management firm who sought new employment at a bank and were sued by the asset firm to enjoin them from working for the bank. These employees were also sued for alleged breaches of contract, fiduciary duty, trade secrets law and for other torts. The four managers countersued the asset firm, contending that their 12-month resignation notice period was, in effect, an implied and improper non-compete provision because the employer would not let them perform their regular job duties during the notice period. The Federal District Court, following trial-like evidentiary hearings after expedited discovery, permitted the four employees to work for the bank without requiring them to serve their 12-month notice period. This successful injunction phase then precipitated almost five years of litigation concerning the alleged damages sustained by the asset firm due to the alleged “raid” of the four investment managers and some of their colleagues. After SKO had the case dismissed from Federal District Court on jurisdictional grounds, the asset firm re-filed the suit in New York state court. After years of additional discovery and other motion practice, including battles over experts and their testimony, cross-motions for summary judgment were filed, and the case was poised for trial. Less than 10 days before trial, the case as dismissed with no payment by SKO clients.

Related Practices: Labor, Employment & Employee Benefits

Breach of Contract

SKO represented an insurance company that was being sued in the U.S. District Court for the Western District of Kentucky by a paper products manufacturer for breach of an insurance contract. The manufacturer alleged that it had proven a covered loss under an employee theft policy and the insurer disagreed and denied many elements of the claim. At the trial court level, the manufacturer willfully violated multiple discovery orders and the court dismissed the manufacturer’s claims as a sanction. After the dismissal, the trial court denied the insurer’s motion for fees incurred litigating the dispute. The manufacturer appealed the trial court’s denial to the Sixth Circuit and the insurer cross-appealed the denial of fees. After briefing on the first appeal had concluded, the parties resolved all matters amicably. While the case did not result in an appellate decision, SKO was successful in preserving an important district court opinion levying a rare dismissal sanction for discovery misconduct.

Related Practices: Business Litigation, Appellate
View All Work Highlights
News Publications Seminars
34 SKO Attorneys Receive 2023 Kentucky “Super Lawyers®” Recognition, Jan. 3, 2023
118 SKO Attorneys Named to “2023 U.S. News Best Lawyers® in America”, Aug. 18, 2022
SKO Attorneys Selected to 2022 Kentucky Super Lawyers, Jan. 6, 2022
77 STOLL KEENON OGDEN ATTORNEYS HONORED IN “BEST LAWYERS IN AMERICA” 2022 Edition, Aug. 19, 2021
KENTUCKY SUPER LAWYERS RECOGNIZES 39 STOLL KEENON OGDEN ATTORNEYS, Dec. 11, 2020
73 Stoll Keenon Ogden PLLC attorneys are recognized in the 2021 edition of the Best Lawyers in America®, one of the most respected legal peer-review guides in the world., Aug. 20, 2020
COVID-19’s Impact on Workers’ Compensation Benefits in Kentucky and Indiana, Apr. 17, 2020
One Of My Employees Has Tested Positive For COVID-19. What Now?, Apr. 16, 2020
Kentucky Super Lawyers Recognizes 47 Stoll Keenon Ogden Attorneys, Nov. 27, 2019
SKO Attorneys Recognized Among 2020 Best Lawyers in America®, Aug. 15, 2019
Kentucky Super Lawyers Recognizes 52 Stoll Keenon Ogden Attorneys, Dec. 11, 2018
SKO Attorneys Recognized Among 2019 Best Lawyers in America, Aug. 15, 2018
SKO Attorneys Recognized Among Best Lawyers in America, Aug. 16, 2017
Five SKO Attorneys Recognized Among Top 50 Kentucky Super Lawyers, Nov. 18, 2016
Best Lawyers in America Chooses 61 SKO Attorneys for 2017 Publication, Aug. 30, 2016
30 SKO Attorneys Named “Top Lawyer” by Louisville Magazine, Mar. 2, 2016
Chambers USA Recognizes 24 SKO Attorneys, Feb. 22, 2016
Lea Pauley Goff and Richard G. Griffith named among Top 50 Kentucky Super Lawyers, Nov. 30, 2015
EEOC finds current law prohibits workplace discrimination based on sexual orientation, Nov. 2, 2015
SKO Attorneys Recognized by Best Lawyers in America® 2016, Aug. 17, 2015
28 SKO Attorneys Recognized by Chambers USA 2015, Apr. 1, 2015
Kentucky Super Lawyers Recognizes 57 Stoll Keenon Ogden Attorneys, Nov. 24, 2014
SKO Attorneys Recognized by Best Lawyers in America® 2015, Aug. 18, 2014
33 SKO Attorneys Named “Top Lawyer” by Louisville Magazine, Mar. 25, 2014
25 SKO Attorneys Recognized by Chambers USA 2014, Mar. 12, 2014
Kentucky Super Lawyers Recognizes 42 Stoll Keenon Ogden Attorneys, Nov. 26, 2013
SKO Attorneys Recognized by Best Lawyers in America® 2014, Aug. 19, 2013
22 SKO Attorneys Recognized by Chambers USA 2013, June 5, 2013
34 SKO Attorneys Names “Top Lawyer” by Louisville Magazine, Mar. 5, 2013
22 SKO Attorneys Recognized by Chambers USA 2013, Feb. 10, 2013
61 SKO Attorneys Recognized by Best Lawyers in America® 2013, Sep. 7, 2012
53 SKO Attorneys Recognized by Best Lawyers in America® 2012, Sep. 6, 2011
53 SKO Attorneys Recognized by Best Lawyers in America® 2011, Aug. 6, 2010
49 SKO Attorneys Recognized by Best Lawyers in America, Aug. 6, 2009
Stoll Keenon Ogden Announces New Attorney, John O. Sheller, Apr. 4, 2007
The FTC Proposes A Nationwide Ban of Non-Compete Agreements for Workers, Jan. 30, 2023
U.S. Supreme Court Rules Title VII Prohibits Discrimination Against LGBT Employees, June 17, 2020
Re-opening Kentucky and Indiana’s Economies: A Summary, Apr. 29, 2020
New Department of Labor FAQs Provide More Clarity on Upcoming Paid Leave Requirements, Apr. 1, 2020
Kentucky and Indiana Unemployment Insurance Information and Resource, Mar. 26, 2020
Families First Coronavirus Response Act Signed Into Law, Mar. 19, 2020
Sixth Circuit Holds: Contract Provision Shortening Title VII Statutory Limitations Period is Unenforceable, Nov. 6, 2019
Misclassification of Workers as Independent Contractors Not a Violation of Federal Labor Law, Sep. 16, 2019
Employees May Take FMLA Leave For Medical Parent/Teacher Conferences, Sep. 11, 2019
NLRB Overrules Precedent: Property Owners May Exclude Off-Duty Contractor Employees From Premises, Sep. 4, 2019
Federal Appeals Court Finds the EEOC’s Criminal Background Check Guidance Unenforceable, Aug. 12, 2019
Kentucky Court of Appeals: Non-Lawyers May No Longer Represent Employers During Unemployment Proceedings, May 1, 2019
Kentucky Clarifies Accommodations for Pregnant Workers, Apr. 17, 2019
Senate Bill 7 Restores Kentucky’s Approval of Employment Arbitration Agreements, Mar. 15, 2019
Kentucky Employers Can’t Enforce Arbitration Agreements Required for Employment, Oct. 18, 2018
New NLRB rulemaking may change the joint-employer standard, Oct. 4, 2018
In Landmark Decision, U.S. Supreme Court Strikes Down Mandatory Union Fees, July 19, 2018
Five Reasons to Contact Your Labor and Employment Lawyer Now, Jan. 11, 2018
The Loan Zone: Curing Late Payments on Loans From Qualified Employer Retirement Plans, Nov. 29, 2017
Labor Secretary Confirms June 9, 2017, Effective Date for Investment Advice Conflict of Interest Rule, June 2, 2017
Is Your Website ADA Compliant?, May 17, 2017
U.S. Department of Labor to review investment advice conflict of interest rule, Mar. 24, 2017
Federal Court Blocks New Overtime Regulation, Nov. 23, 2016
Kentucky Supreme Court Strikes Down Local Minimum Wage Ordinance, Oct. 24, 2016
 
     Arbitration Update and a #METOO World, Association of Corporate Counsel, Speaker, 2019
Advanced Employment Law: Confidently Tackle Advanced Employment Disputes, National Business Institute, 2016
Human Resource Management: How a Successful Workplace Can Lead to a Successful Business, Nonprofit Conference sponsored by the Kentucky Society of CPAs and the Center for Nonprofit Excellence, 2011
Dealing with the Sexual Harassment Claim in Kentucky, National Education Network 
Legal Issues Arising from Workforce Reductions, Lorman Education Services 
Covenants Not To Compete, Lorman Education Services 
Update on Employment Law and Litigation Strategies, Louisville Bar Association 
Arbitration and Alternative Dispute Resolution, University of Louisville 
Litigating a Sexual Harassment Case, Louisville Bar Association 
Employee Discharge and Documentation, Lorman Business Center