Skip to main content
Michael Allan Farbstein
Avvo
Pro

Michael Farbstein’s Legal Cases

10 total

  • Fabien Cappa v CrossTest, Inc., et al.

    Practice Area:
    Employment & Labor
    Date:
    Dec 20, 2005
    Outcome:
    Judgment in favor of defendants/cross-complainant
    Description:
    Employment litigation between engineer/contractor and CrossTest. Plaintiff claimed that he was misclassified as an independent contractor, and that he was owed substantial wages, among other allegations. Plaintiff also claimed ownwership of company software. Defendants denied the allegations, and cross complained over the intellectual property. Jury trial resulted in nonsuit on complaint, and affirmative verdict on cross complaint, including a finding of malice and an award of attorneys fees. Case appealed, and was affirmed in part, and reversed in part.
  • American Mortgage Network v Loancity,com, et al.

    Practice Area:
    Employment & Labor
    Date:
    Aug 23, 2007
    Outcome:
    verdict for plaintiff and for cross complainant
    Description:
    Complex trial regarding the recruitment of 35 employees from one company to another. Allegations included breach of fiduciary duty, breach of contract, interference with contract and misappropriation of trade secrets. Cross complaint for breach of employment contract by one defendant. Verdict for plaintiff after a six week trial, as well as a verdict for cross complainant. The plaintiff's verdict was reversed on appeal. The case settled for a waiver of costs on appeal, in light of changed economic circumstances for the parties.
  • Martinez v Terix Corporation

    Practice Area:
    Employment & Labor
    Date:
    Sep 01, 2006
    Outcome:
    Verdict for Plaintiff
    Description:
    Wage and hour dispute over payment of commissions upon resignation of employment. Plaintiff claimed that commissions were earned and payable. The Defendant asserted that the conditions to entitlement of the commissions had not occurred. Plaintiff verdict, including attorneys fees. Case settled following verdict.
  • Apolonio Solorio v City of San Jose

    Practice Area:
    Constitutional
    Outcome:
    Plaintiff verdict against officer defendant
    Description:
    Civil rights case arising out of the arrest and five month detention of the plaintiff for suspicion of strong armed robbery. The criminal action was dismissed, following the disclosure of exculpatory evidence held by the defendant police officer. Jury verdict against the officer. Defense verdict for City of San Jose. Case is currently on appeal.
  • Doe Company v Roe Professional

    Practice Area:
    Litigation
    Date:
    May 20, 2008
    Outcome:
    Case settled on second day of trial for $850,000
    Description:
    Professional liability action arising from professional advice rendered to plaintiff in connection with a business transaction. The case involved complex tax and business issues. The case settled on day two of trial, pursuant to a confidential settlement.
  • Federal Insurance Company v. Commercial Maintenance

    Practice Area:
    Litigation
    Date:
    Jul 20, 2009
    Outcome:
    favorable settlement
    Description:
    defended an innocent maintenance company against a large insurer's claim for reimbursement of fire damages. The insurer claimed that the defendant caused the fire as a result of smoking indoors. The case settled at the outset of trial for the defendant's number, which was less than 1/10th of the plaintiff's alleged damages.
  • Robert (last name withheld) v Unnamed Shopping Center

    Practice Area:
    Brain Injury
    Outcome:
    Settlement ($1,020,000)
    Description:
    Personal injury matter resulting in settlement of $1,020,000 on the first day of trial. The plaintiff was injured in the collapse of a plastic chair in the premises of an uninsured restaurant of defendant shopping center. Despite the fact that the accident occurred in the tenant's dining area, the focus of the case was to expose the control of the premises exerted by the shopping center, as well as the lack of sufficient standards for subject restaurant operations. The plaintiff suffered a serious spinal cord injury, with partial quadraplegia.
  • Fellini vs Prometheus Development, et al

    Practice Area:
    Wrongful Death
    Date:
    Jul 30, 2012
    Outcome:
    $6,728,503.63 total recovery, after trial
    Description:
    Represented the young adult children of a woman killed by a falling tree limb while traveling on a local highway. The case settled against the property owners and other entities, for $3.75M, and went to trial against the State of California, resulting in a $3.84M verdict. After applied credit, the total recovery for the clients was $6,728,503.63
  • Wagner v Houdini's Magic Shop

    Practice Area:
    Employment & Labor
    Date:
    Mar 12, 2012
    Outcome:
    class certification denied.
    Description:
    Class action for labor code violations. We represented the defendant, and defeated class certification, which was upheld on appeal.
  • Executive Director v. Non Profit

    Practice Area:
    Employment & Labor
    Date:
    Mar 10, 2010
    Outcome:
    award for the defendant
    Description:
    defeated in arbitration a wrongful termination claim asserted by the former executive director of a major nonprofit.