2015

Payne & Fears Obtains Summary Judgment in Multiple-Claim Wrongful Termination Case in Idaho

Payne & Fears obtained complete summary judgment on claims brought by a former employee in federal court in Idaho. The employee, a former truck driver, alleged that she was discriminated against due to her gender and due to a disability resulting from a work-related injury, and in retaliation for filing a workers’ compensation claim arising from the injury. She brought seven claims under Idaho and federal law. The employer, a mining company, argued that the employee was accommodated by placing her in an office position, and that she was laid off due to economic difficulties because...

Practice areas: Labor and Employment Litigation

Attorneys: James R. Moss, Jr.

2015

Payne & Fears Successfully Defends Dismissal of Discrimination Claim at 10th Circuit and Supreme Court

Payne & Fears LLP defeated a race discrimination case brought to federal court in Salt Lake City, Utah for a large hotel and hospitality company. The employee alleged that his hours were reduced because of his race, and that he was ultimately was terminated because the employer hired an employee who was not African American and assigned him all of his work. Payne & Fears obtained complete dismissal of the case at the pleading stage in district court. The employee appealed to the 10th Circuit, which affirmed the district court’s decision in full. Finally, the employee filed a...

Practice areas: Labor and Employment Litigation

Attorneys: James R. Moss, Jr.

2015

Judge Grants Dismissal of Insurers' Equitable Reimbursement Claim

Members of the Payne & Fears Insurance Group were written up in the May 2015 edition of the "Mealey's Litigation Report: California Insurance" when commercial general liability insurers failed to assert any claims for breach of the cooperation clause of the insurance agreement or for equitable reimbursement. A California federal magistrate judge granted a dismissal of claims against additional insureds regarding a defense in an underlying construction defects case in Travelers Property Casualty Company of America, et al. v. Centex Homes, et al.

Practice areas: Insurance Coverage

Attorneys: J. Kelby Van Patten, Jared De Jong, Jeffrey M. Hayes , Nathan A. Cazier

2015

Judge Dismisses Insurers' Breach of Contract Claim Against Insured as Moot

Members of the Payne & Fears Insurance Group were written up in the April 2015 edition of the "Mealey's Litigation Report: California Insurance" for a California federal judge dismissing an insurers' breach of contract claim against insureds regarding an insurance policy's potential coverage for an underlying construction defects case because the insureds are not pursuing coverage under that policy in Travelers Property Casualty Company of America, et al. v. Centex Homes, et al.

Practice areas: Insurance Coverage

Attorneys: J. Kelby Van Patten, Jared De Jong, Jeffrey M. Hayes

2015

Payne & Fears LLP Wins Two-Year Fight in the CA Court of Appeal to Keep Case in Arbitration

Payne & Fears LLP won a two-year fight to keep a case in arbitration after the California Court of Appeal, Fourth Appellate District, Division Three, ruled in favor of the firm’s client. The Court of Appeal held that the former employee must arbitrate her disability discrimination lawsuit based on an arbitration agreement she signed upon her hire after she transferred back and forth between the parent company that hired her and a subsidiary corporation. The employee resisted arbitration on the theory that the agreement was limited to the employment relationship formed at the time of...

Practice areas: Labor and Employment Litigation

Attorneys: Alejandro G. Ruiz, Eric C. Sohlgren, Erik M. Andersen

2015

Payne & Fears LLP Obtains a Major Victory for an ERISA Pension Plan

Payne & Fears LLP obtained a major victory for an ERISA pension plan by ending a nationwide class action lawsuit claiming back pension benefits for a period exceeding twenty years. The federal district court granted the plan’s motion for summary judgment, and denied the motion for summary judgment brought by the named class representative plaintiff. The court first agreed with the plan that a slight delay of the plan administrator in responding to the plaintiff’s administrative appeal was not sufficiently egregious to invoke de novo review, so the court applied abuse of discretion...

Practice areas: ERISA Litigation

Attorneys: Andrew K. Haeffele, Daniel F. Fears , Eric C. Sohlgren

2015

Payne & Fears Wins Appeal from Defense Summary Judgment

Payne & Fears LLP obtained an order from the Second District Court of Appeal affirming a complete defense summary judgment for the Firm’s client in Jackson v. Corinthian Colleges, Inc. The plaintiff, a former student at Corinthian, alleged that the school negligently hired and retained an instructor who assaulted the plaintiff in class. Judge Ongkeko of the Los Angeles Superior Court granted summary judgment for the defendant and denied the plaintiff’s requests for a continuance of the summary judgment hearing and for leave to amend the complaint. Justices Willhite, Epstein...

Practice areas: Labor and Employment Litigation

Attorneys: Jeffrey K. Brown , Robert T. Matsuishi

2014

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

2014

Payne & Fears Wins Jury Trial for Employer

Payne & Fears won a two-week jury trial and obtained a complete defense verdict for its client in Kravitsky v. Corinthian Colleges, Inc., a wrongful termination case before the Los Angeles Superior Court. The plaintiff brought claims against his former employer for disability discrimination, religious harassment, wrongful termination, retaliation and defamation. Payne & Fears represented the defendant employer, and put on a case demonstrating not only that the employer had complied with all of its legal obligations regarding reasonable accommodation and prevention of...

Practice areas: Labor and Employment Litigation

Attorneys: Jeffrey K. Brown , Ray E. Boggess

2014

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