Gina Wodarski practices in the Firm's Litigation Management Department, where she focuses on the area of employment and ERISA (The Employee Retirement Income Security Act) law, managing employment and ERISA lawsuits filed against a Fortune 20 client and two major financial institutions.
Gina experience includes employment litigation and advice, and ERISA litigation and advice, on both a multi-state and national level. Gina leads the ERISA group of the Litigation Management Department, notably with a record of success managing a national portfolio of ERISA matters. Her ERISA practice includes litigating claims involving medical, life, prescription-drug, disability, severance, pension and other benefits. Gina's employment litigation practice involves a wide-variety of employment matters, including claims of discrimination, harassment, retaliation and wrongful discharge, as well as non-competition, non-solicitation, breach of contract, wage and hour, and stock option matters. She also counsels clients to address human resource demands, facilitate business success and resolve client challenges. Gina has successfully appeared in state and federal courts and agencies nationwide, and her experience includes complex commercial, insurance, tort, and contract disputes.
Gina was selected for inclusion in 2013 Massachusetts Super Lawyers: Rising Stars Edition .
•She obtained numerous voluntary dismissals of suits against employer-clients, including a voluntary dismissal on behalf of a Fortune 20 client during preliminary trial proceedings, due to successful litigation strategy and outcomes.
•She won before the Second Circuit Court of Appeals on behalf of a Fortune 20 client in an ERISA class action, where the plaintiffs sought millions of dollars in benefits and other relief for alleged breaches of fiduciary duties in connection with the alleged administration of a prescription drug plan.
•She prevailed before the Fourth Circuit Court of Appeals on behalf of an employee welfare benefit plan and its claims administrator, where the Court of Appeals rejected the former employee's alleged wrongful termination of benefits and breach of fiduciary duty claims, including her claim to equitable relief under Cigna v. Amara.
•She won before the Second Circuit Court of Appeals on behalf of a large financial institution in an employment case involving claims of religion, race, national origin, and disability discrimination and retaliation.
•She won at summary judgment on behalf of her employer-clients in countless ERISA cases, including cases involving claims for pension, prescription-drug, life, disability, severance and other benefits.
•She prevailed at summary judgment on behalf of her employer-clients in numerous employment cases, including cases involving claims of discrimination, harassment and retaliation, alleged violations of the FMLA and FLSA, breach of contract and various employment torts.
•She effectively negotiated countless cases on behalf of her employer-clients, including those that led to the non-monetary settlement of disputes on terms favorable to the client.
•France v. The PNC Financial Services Group, Inc., et al., 2:12-cv-00268, 2013 WL 3279770 (W.D. Pa. June 26, 2013).
•Blair v. Liberty Life Assurance Co. of Boston a/k/a Liberty Mutual Group and National Corporation Welfare Benefits Plan, 8:09-cv-00906-AW, 2011 WL 2471768 (D. Md. June 20, 2011), affirmed Blair v. Liberty Life Assurance Co. of Boston a/k/a Liberty Mutual Group and National Corporation Welfare Benefits Plan, 11-cv-1958 (4th Cir. May 1, 2012), rehearing en banc denied, Blair v. Liberty Life Assurance Co. of Boston a/k/a Liberty Mutual Group and National Corporation Welfare Benefits Plan, 11-cv-1958 (4th Cir. June 19, 2012).
•Poznak v. The PNC Bank Corp. and Affiliates Long Term Disability Plan, 11-C-618, 2012 WL 2120565 (E.D. Wis. June 11, 2012).
•Balas v. PNC Fin. Servs. Group, Inc., 2:10-cv-249, 2012 WL 681711 (W.D. Pa. Feb. 29, 2012).
•Caldwell v. PNC Financial Services Group, Inc., National City Corporation Amended and Restated Management Severance Plan, Kerry Allen, and John Does 1-10, 2:11-cv-00182-JLG-MRA, 2011 WL 6340863 (S.D. Ohio Dec. 19, 2011).
•McIntosh v. Bank of America, 1:06-cv-00708-JTC-HKS, 2011 WL 3759793 (W.D.N.Y. Aug. 25, 2011).
•Khan v. Bank of America, N.A., 572 F. Supp. 2d 278 (N.D.N.Y. 2008), aff'd 372 Fed. Appx. 216, 2010 WL 1571175 (2d Cir. April 21, 2010).
•Fitzgerald v. Bank of America Corp. and Bank of America Corp. Severance Plan, 2:08-cv-3781(JCJ), 2009 WL 3806759 (E.D. Pa. Nov. 10, 2009).
•Ketterman v. Affiliates Long Term Disability Plan, 08-cv-01542-NBF, 2009 WL 3055309 (W.D. Pa. Sept. 21, 2009).
•Galinsky v. Bank of America Corp., 2:09-cv-00060, 2009 WL 1173437 (D.N.J. April 29, 2009).
•Cloud v. PNC Financial Services Group, Inc., et al., 2:06-cv-01066-LS, 2009 WL 255631 (E.D. Pa. Feb. 2, 2009).
•Lucas v. PFPC, Inc., 05-cv-2109, 2006 WL 1147424 (E.D. Pa. April 27, 2006).
•Paul Fox v. PNC Financial Services Group, Inc., PNC Bank, as trustee for PNC Financial Services Group, Inc. Pension Plan, Pension Committee of PNC FinancialServices Group, Inc. Pension Plan, 2:04-cv-58, 2006 WL 891027 (E.D. Pa. April 4, 2006).
•Okpulor v. PNC Bank, 3:04-cv-1755-M, 2006 WL 305780 (N.D. Tex. Feb. 9, 2006).
•DelGreco v. CVS Corp. d/b/a/ Pharmacare Management Services, 337 F. Supp. 2d 475 (S.D.N.Y. 2004) aff'd 164 Fed. Appx. 75, 2006 WL 190003 (2d Cir. Jan. 25, 2006).
Before Edwards Wildman
During law school, Gina served as a clerk to the Honorable Joseph H. Rodriguez in the United States District Court for the Southern District of New Jersey. Before joining the firm, Gina worked as an associate in a downtown Boston law firm, where she focused on the litigation of labor, employment and ERISA matters, as well as other matters, including complex commercial disputes.
Besides Edwards Wildman
Gina is an avid runner, and, in her younger years, ran both the Boston and Chicago marathons. Gina also enjoys spending time with her family and friends; cheering-on Boston and New England sports teams; travelling; cooking; and volunteering in the community, including mentoring five-year olds and supporting her children's school.
Edwards Wildman Client Advisory: Supreme Court Declines To Review Action Involving Reimbursement Of Benefits Under ERISA 502(a)(3)
June 11, 2014 publication
Supreme Court Upholds ERISA Plan's Limitations Period
December 19, 2013 publication
Family and Medical Leave Act in Massachusetts
October 30, 2007 event
FMLA Update 2007
September 6, 2007 - September 7, 2007 event
The Firm Announces Six New Partners and Three New Counsel
December 17, 2008