Lindsay J. Fiore

• Lindsay tried a defamation case in which the jury returned a complete defense verdict for her client, a health care organization with a medical residency program. The plaintiff was a former medical resident who had received discipline and a performance improvement plan during his first year in a neurology residency program. He was ultimately released from the program one month before the end of the residency year. The plaintiff originally brought claims for race discrimination, breach of contract, and defamation. After complete dismissal on summary judgment, the plaintiff appealed to the Ninth Circuit Court of Appeals. The Ninth Circuit upheld dismissal of all claims but the claim for defamation, which proceeded to a jury trial in the United States District Court for the District of Arizona (the Hon. Roslyn Silver presiding). The plaintiff claimed that the residency program defamed him when it later reported to the Medical Board of California that the plaintiff had been terminated or dismissed and placed on probation. Lindsay served as first chair during the four-day trial.
• Defended an appeal for her client before the Ninth Circuit on a plaintiff’s claim of sex discrimination based on the “paramour theory” of liability. The plaintiff’s supervisor had been in a long-term relationship with the plaintiff’s co-worker. When a position within the plaintiff’s department had to be eliminated, the plaintiff alleged that he was selected for the reduction in force instead of his colleague, because his colleague had a sexual relationship with the decision-maker. This was an issue of first impression for the Ninth Circuit, and the Court held, in a published opinion, that discrimination based on a romantic or sexual relationship is not discrimination “because of sex” under Title VII.
• Prevailed before the Seventh Circuit on claims brought against her airline client by a former customer service agent. The plaintiff booked seats for herself on flights she knew were oversold, would “volunteer” to take another flight and get a $500 voucher, then would cancel the alternate flight. After this was anonymously reported, an investigation revealed many other instances of impropriety, and plaintiff was fired. Her termination occurred shortly after she reported another employee for making racist comments in the workplace (which was corroborated), prompting her to bring claims of harassment and retaliation. Lindsay argued the case, and the Seventh Circuit issued a published opinion in favor of her client.
• Lindsay tried a high-profile discrimination and retaliation case in which the jury returned a complete defense verdict for her client, a hospital company. During the jury trial in the United States District Court for the District of Arizona (the Hon. Susan Bolton presiding), the plaintiff claimed that he had reported a sexual assault of a fellow physician by the medical director of the medical center. He also claimed that the medical director bragged to him about attending orgies, made lewd sexual comments, and propositioned the plaintiff’s husband. He ultimately claimed that he was retaliated against for reporting this conduct.°

°The above representations were handled by Ms. Fiore prior to her joining Greenberg Traurig, LLP.

• Listed, The Best Lawyers in America, Employment Law - Management; Litigation - Labor and Employment, 2023-2024
• Listed, Super Lawyers magazine, Southwest Super Lawyers, 2024
• Listed, Chambers USA Guide, Labor & Employment, 2022-2023
• Listed, Southwest Super Lawyers, “Southwest Super Lawyers Rising Stars,” 2014-2018, 2021-2022

• Board of Directors, Arizona Center for Law in the Public Interest, 2017-Present
  • President Elect, Executive Committee, 2023-Present
  • Secretary, Executive Committee, 2021-Present 
• Board of Directors, Chrysalis, 2021-Present
• Member, State Bar of Arizona, 2008-Present
  • Executive Council, Labor & Employment Section, 2021-Present
  • Member, CLE Committee (Employment & Labor), 2016-Present
• Member, Federal Bar Association, 2019-Present
• Member, Arizona Women's Law Association, 2019-Present