Former fast-food restaurant employee/manager sued for unpaid wages and overtime, breach of contract, retaliation for complaining about working conditions, and constructive termination.
Employment and labor
Selbach v. Barclays Global Investors, N.A. (11/06; S.F. Sup. Ct.)
N/A
OUTCOME: Defense verdict
While a partner at Paul Hastings, I first-chaired our-week jury trial and obtained a complete defense verdict. The plaintiff, a 54-year-old female executive with 14 years’ tenure, was let go three m...onths after complaining of sexual harassment. I conducted and defended more than 15 depositions, including of the client’s General Counsel and CEO; managed extensive, highly-contentious discovery, including out-of-state, third-party depositions; wrote and argued summary adjudication motion, which was granted as to six of nine causes of action; successfully opposed plaintiff’s summary adjudication motion; drafted and argued pre-trial motions, motions in limine, and jury instructions; conducted five-day jury voir dire and selected jury; examined more than a dozen witnesses; prepared a successful nonsuit motion as to sexual harassment claim; defeated new trial motion; and defeated appeal of summary adjudication and trial rulings.
Employment and labor
Frazier v. United Parcel Service, Inc. (7/05; E.D. Cal.)
N/A
OUTCOME: Defense Verdict
Co-chaired two-week jury trial and obtained complete defense verdict. Plaintiff, an African-American truck driver, was discharged after refusing to drive 18-wheel truck on ground that truck’s brakes... were unsafe. He asserted whistleblower, race discrimination, and retaliation claims. Three months before trial, I was asked to try the case with a colleague. I worked closely with safety experts, prepared expert reports, and defended expert depositions; prepared pre-trial materials, motions in limine, trial brief, and jury instructions; argued motions in limine and jury instructions; examined multiple witnesses; and drafted and argued Rule 50 motion. Following the verdict, the defendant agreed to waive his right to appeal in exchange for a waiver of costs.
Employment and labor
Maricela Arias v. Bank of America, N.A.
N/A
OUTCOME: Obtained summary judgment and affirmed on appeal
The plaintiff, a long-term bank employee, was discharge on the same day that she learned of a cancer diagnosis, based on her handling of transactions on the account of her estranged husband. I obtaine...d summary judgment as to all claims, and the plaintiff appealed. I drafted the opposition to her appeal, argued before the Court of Appeals, and obtained an affirmance.
Employment and labor
Hastey v. Mattel
N/A
OUTCOME: Resolved following bench trial
Second-chaired three-week bench trial involving husband and wife who were laid off on the same day. Claims included pregnancy, gender, marital status, and associational discrimination. The Court awar...ded the wife economic damages of approximately one year’s salary, despite lack of re-employment for twice that long, extensive emotional distress evidence, and direct evidence of discriminatory intent. The parties subsequently settled, in exchange for client’s agreement not to appeal.
Employment and labor
Darcy Jensen v. Amgen Inc.
N/A
OUTCOME: Obtained summary judgment
The plaintiff claimed that she had been exposed to mold in the workplace. The Court dismissed the claim based on workers' compensation preemption
Employment and labor
Joanne Dean v. Fleet Capital Corporation
N/A
OUTCOME: Defense award by arbitrator
The plaintiff claimed that her settlement agreement waived any and all claims with her former employer and any related companies. She held a mortgage that subsequently was purchased by one of the rela...ted companies and claimed that the release covered the mortgage. She sought to have the debt discharged. The arbitrator ruled, despite the clear language of the agreement, that the parties, by their conduct, never intended to release the mortgage and issued an award in my clients favor. The plaintiff appealed. I wrote the responding brief and argued the case before the Court of Appeal, which affirmed the arbitrator's award in it's entirety.