Dec 16

Payne & Fears LLP Obtains $1.7 Million Award in Bench Trial

On December 16, 2014, following a week-long bench trial in September, Payne & Fears LLP obtained judgment in an action where it successfully defeated a $2.25 million equitable mortgage claim and obtained a $1.7 million award in favor of their client who was an intervening plaintiff. Thomas L. Vincent and Scott O. Luskin from Payne & Fears secured the trial victory and judgment.

Practice areas: Business Litigation

Attorneys: Scott O. Luskin, Thomas L. Vincent

Aug 22

Payne & Fears LLP Obtains Summary Judgment in Whistleblower Case

Payne & Fears LLP prevailed in New Jersey state court by winning defense summary judgment for the Firm’s client.  In John Kahn v. Corinthian Colleges, Inc., Everest Institute, and Patricia Tripp the plaintiff alleged that he had “blown the whistle” on improper conduct, and that he was terminated in violation of New Jersey’s Conscientious Employee Protection Act for doing so.  In their summary judgment motion, Payne & Fears demonstrated that the plaintiff’s complaints were immaterial and did not amount to “whistleblowing,” and that the plaintiff was discharged...

Practice areas: Labor and Employment Litigation

Attorneys: Andrew K. Haeffele, Jeffrey K. Brown

Aug 01

Convinced an Insurance Carrier to Provide Our Client with Independent Counsel in an Employment and Business Dispute, Resulting in Securing Reimbursement for Over $1 Million in Defense Costs

Convinced an insurance carrier to provide our client, a large public-works contractor, with independent counsel in an employment and business dispute involving a former company executive. This settlement had the effect of securing reimbursement for over $1 Million dollars in defense costs that our client had previously spent defending the matter through the defense counsel of its choosing.

Practice areas: Insurance Coverage

Attorneys: J. Kelby Van Patten, Jared De Jong, Scott S. Thomas

Jun 17

Payne & Fears LLP Obtains Summary Judgment in Discrimination Case

Payne & Fears LLP prevailed in obtaining a summary judgment for its client in Jefferson v. Boeing. The plaintiff was a long term engineer who was involuntarily reclassified and then terminated because he ranked lowest in his new classification.

Practice areas: Labor and Employment Litigation

Attorneys: Daniel F. Fears , Laura Fleming, Philip K. Lem

Jun 12

Payne & Fears LLP Wins Jury Trial for Employer

Payne & Fears LLP won a complete defense verdict for its client, a nationwide employer, following a jury trial in the United States District Court for the Central District of California. In Wagner v. Corinthian Colleges, Inc., the plaintiff alleged that her former employer had discriminated against her based on her alleged disability (a foot injury) and her gender, and claimed to have been wrongfully discharged. Payne & Fears obtained partial summary judgment on the disability claim, then went on to obtain a unanimous jury verdict in the employer’s favor on the sex...

Practice areas: Labor and Employment Litigation

Attorneys: Jeffrey K. Brown , Rachel Warren

Jun 01

Recovered Over $2.5 Million in Defense Costs for a Large Residential Homebuilder Named in a High-Exposure Construction Defect Lawsuit

Recovered over $2.5 Million in defense costs for our client, a large residential homebuilder, who was named as a defendant in a high-exposure construction defect lawsuit. By utilizing our connections within the insurance industry and by employing creative legal strategies that included early case evaluation and mediation, Payne & Fears LLP was able to recover this entire amount without filing a lawsuit.

Practice areas: Insurance Coverage

Attorneys: Jared De Jong, Nathan A. Cazier , Scott S. Thomas

Jun 01

$13 Million Recovered From Direct and Additional-Insured Carriers for a Major Homebuilder in Reimbursement of Costs Incurred to Defend and Settle a High-Exposure Construction Defect Lawsuit

Recovered more than $13 Million from a group of direct and additional-insured carriers for a major homebuilder in reimbursement of costs incurred to defend and settle a high-exposure construction defect lawsuit and, in the process, made new law regarding what constitutes “property damage” caused by an “occurrence” under a CGL policy, limiting the “fair debatability” doctrine as a bad faith defense, and confirming the admissibility of an insurer’s handling of other claims as evidence of its bad faith.

Practice areas: Insurance Coverage

Attorneys: J. Kelby Van Patten, Jeffrey M. Hayes , Scott S. Thomas

May 23

Payne & Fears LLP Wins Appeal From Defense Jury Verdict

Payne & Fears LLP successfully defended a judgment in its client’s favor before the Second District of the California Court of Appeal. In Massoud v. Corinthian Colleges, Inc., Payne & Fears had obtained a complete defense verdict after a jury trial on claims of age discrimination and retaliation. The unsuccessful plaintiff appealed, asserting that the trial court had improperly denied several jury instructions that the plaintiff had requested. Payne & Fears argued in response that a litigant is not entitled to a slew of instructions that isolate or emphasize selective...

Practice areas: Labor and Employment Litigation

Attorneys: Erik M. Andersen, Jeffrey K. Brown , Rachel Warren

Apr 29

Payne & Fears LLP Obtains Summary Judgment in Equal Pay Act Case

Payne & Fears LLP won an employment discrimination case for its client by obtaining summary judgment from the United States District Court for the District of Arizona. In Brown v. Everest Colleges Phoenix, Inc. et al., the plaintiff sued her former employer for sex discrimination, age discrimination, and violation of the Equal Pay Act, alleging that a younger, male employee was paid higher compensation than she was for the same work. Payne & Fears presented a detailed factual showing that the comparator employee was transitioning between positions and fell within the...

Practice areas: Labor and Employment Litigation

Attorneys: Amy R. Patton, Jeffrey K. Brown

Apr 25

Payne & Fears LLP Obtains Ninth Circuit Order Affirming Summary Judgment

Payne & Fears LLP prevailed before the Ninth Circuit Court of Appeals, obtaining an order affirming a complete defense summary judgment for the Firm’s client. In Silver v. Corinthian Colleges, Inc., the plaintiff had brought claims against her former employer for violation of the Family Medical Leave Act, wrongful termination, and failure to pay wages due. The United States District Court for the Central District of California granted summary judgment in favor of the defendant on all claims, including a counterclaim for overpaid wages. The plaintiff appealed, arguing that...

Practice areas: Labor and Employment Litigation

Attorneys: Alejandro G. Ruiz, Erik M. Andersen, Jeffrey K. Brown