Joseph Max Andrews's Legal Cases (4)

Insurance

McCoy v. Progressive West Ins. Co. (2009) 171 Cal.App.4th 785

Feb 04, 2009

OUTCOME: The jury awarded $17,175 in economic damages, $63,000 non-economic damages, and $100,000 punitive damages. The court awarded $24,646 for attorney’s fees and $25,624 for costs.

Progressive West Insurance Company refused to pay its insured for the theft and burning of his car. Instead, Progressive West claimed that its insured was involved in that theft and fire. The insured ... sued Progressive West Insurance for breach of its insurance contract and for bad faith.

Consumer protection

Wisden v. Superior Court (Sims) (2004) 124 Cal.App.4th 750

Jan 12, 2007

OUTCOME: After a court trial, the judge awarded $154,551 -- the amount of the former employee's judgment against the corporation plus interest, and less an earlier settlement with one officer.

A former employee sued the officers of a suspended corporation for fraudulent conveyance, for improperly transferring the corporate assets so as to avoid paying a judgment the corporation owed to its f ... ormer employee. The appeal early in the case held that a Plaintiff suing for fraudulent conveyance of a determinate sum of money, is entitled to a jury trial.

Defective and dangerous products

Fitch v. Select Products Co. (2005) 36 Cal.4th 812

Aug 01, 2005

OUTCOME: The jury awarded $6.9 million to the survivors. On appeal, the Court held that Medi-Cal cannot recover a deceased father's medical expenses from his children's wrongful death recovery.

A company used its mechanics to apply a toxic coating to the garage floors. Three mechanics died from various types of cancer. The lawsuit sought wrongful death damages for the deaths of those three ... fathers and husbands from the retailer who sold the products to the employer and from the manufacturers of the products.

Wrongful termination

Moore v. California Institute of Technology Jet Propulsion Laboratory (9th Cir. 2002) 275 F.3d 838

Jan 04, 2002

OUTCOME: Settled confidentially

An antenna engineer sued his employer, the California Institute of Technology, Jet Propulsion Laboratory, for constructive wrongful termination. The United States District Court granted summary judgme ... nt for JPL, and the employee appealed. The 9th Circuit reversed, holding that Genuine issue of material fact existed as to whether the JPL discriminated against the engineer because he engaged in protected activity when it proposed to transfer him without his work, eliminate his job title, and put him under an intermediate supervisor.

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