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Court of Appeal Affirms Summary Judgment in Favor of Los Angeles Hospital in Disability Discrimination Case

A registered nurse from a hospital located in Los Angeles filed a disability discrimination claim against her former employer following her termination. Plaintiff took an extended medical leave but then refused to return to work after being released from her treating physician, without any restrictions. Instead, Plaintiff requested additional time off to…
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CDF Obtains Complete Summary Judgment for Client in Claims of Disability, Discrimination and Failure to Accommodate

A former employee of a well-known medical management company resigned employment position but thereafter filed claims of constructive discharge, discrimination based on age and disability status, and that the employer failed to accommodate and failed to engage in the interactive process. Dawn Irizarry led the defense in obtaining summary judgment in its…
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Retaliation and Discrimination Case Dismissed on Summary Judgment, Upheld on Appeal for Prominent Los Angeles Hospital

CDF represented a prominent hospital in connection with a complaint filed by a terminated employee after the employee failed to return from leave on the employee’s return to work date, failed to contact the employer to seek additional leave and failed to respond to any written communications from the employer. Plaintiff alleged six causes of action,…
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Hospital Prevails on Summary Judgment in Disability Discrimination Claim

Well-known Los Angeles Hospital terminated an employee after the employee failed to report to work on her return to work date. The employee alleged a single cause of action of disability discrimination and sought punitive damages. Dawn Irizarry led the defense in obtaining summary judgment. Marianne Koepf and Carolina Schwalbach also worked on this matter.
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CDF Obtains Complete Summary Judgment for Famed Media Company in an Employee Poaching Case

CDF secured a major victory for client Lessin Media Company, dba The Information (“The Information”), in a dispute with rival news media organization TheWrap News, Inc. (TheWrap). TheWrap sued The Information, alleging the outlet poached a former writer, misappropriated proprietary information and interfered with business opportunities. The lawsuit…
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CDF Rings Up a Complete Defense Verdict for Nationwide Grocery Store Chain

Our client, a nationwide grocery store chain, faced a lawsuit from a disgruntled former store management employee who was re-assigned after store surveillance footage caught her giving away bunches of fresh roses to store customers for free at the end of the day – a direct violation of the store’s policies. Following an investigation that determined…
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CDF Serves Up a Complete Defense Verdict for Restaurant Group

Our client, a southern California restaurant group, faced a lawsuit from a disgruntled former employee who was fired for threatening a co-worker to provide false testimony in the sexual harassment case brought by his wife (also a former employee). After his wife abandoned her lawsuit over less than flattering text messages found in discovery, the…
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CDF Scores Decertification of Class After Strategic Removal And Successful Attack on Continued Class Treatment in Misclassification Case

Our client, a national bank, successfully obtained decertification of a previously certified class in a class action case involving the alleged misclassification of exempt loan officers who were engaged in selling loans to small businesses. The primary exemption defense was the California outside salesperson exemption, though the administrative and…
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Class Certification Defeated On Claims By Music Instructors Alleging Independent Contractor Misclassification

Our client, a music school, faced a potential class action lawsuit by a former music instructor claiming that he and other music instructors were improperly classified as independent contractors, and alleging various derivative wage and hour claims as a result. In support of his theory, Plaintiff relied heavily on a form contract that every instructor…
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CDF Persuades California Supreme Court to Throw Out Class Action Trial Plan And Judgment And Decertify The Class

Our client, a national bank, prevailed in the California Supreme Court following a first-of-its kind class action trial and multiple appeals. CDF defended the bank against a class action alleging misclassification of exempt loan officers who were engaged in selling loans to small businesses. The primary dispute at trial was the applicability of the…
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CDF Successfully Defends Grill Manufacturer in Overtime Case

CDF obtains a victory in a recent and significant failure to pay overtime and misclassification case. The firm protected a prominent grill manufacturer from exposure to potential lawsuits with a skillful and vehement defense against legal action brought by former employees. In less than three hours, a federal jury in the United States District Court,…
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Foreign Worker Recaptures Time Spent at South Pole

Our client, a professional services firm that supplies services to NOAA, had an foreign national employee that was approaching the end of her six year stay in H-1B status. We filed an H-1B extension petition and recaptured eighteen months of H-1B status by establishing that the time the employee was at sea and in Antarctica.
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Removal Proceedings Terminated for Spouse of US Marine

Our clients, a U.S. Marine and his newlywed and undocumented spouse were stopped at a Border Patrol Checkpoint on I-8 while the family was traveling to the Marine’s new duty station to San Diego. The spouse was placed into removal proceedings. On a pro bono basis, we negotiated with Immigration and Customs Enforcement to dismiss the removal…
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Foreign National Biochemist Speeds Up Immigration Processing

Our client, an Indian national and biochemist was dissatisfied with the speed that his employment based immigration case was being processed by the US Government. Citing his key role in the formulation of household name drugs, we prepared and filed an immigrant petition for alien worker seeking a National Interest Waiver. Additionally, we sought to…
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National Theater Chain Shuts Down California Putative Class Action With Tactical Jurisdictional Maneuvers

Our client, a national theater chain, faced a putative class action alleging off-the-clock and meal and rest break violations, as well as PAGA penalties and other Labor Code claims on behalf of a putative class of almost 15,000 non-exempt theater employees. Originally filed in San Francisco Superior Court, CDF strategically removed the action to the U.S.…
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Class Certification Defeated on Meal and Rest Break Claims By Employees of Transportation Company

A large transportation company faced a class action lawsuit by drivers claiming that they were not provided with adequate meal and rest breaks, in addition to various other wage and hour claims. The employer’s opposition to class certification was supported by over 100 declarations of current and former drivers demonstrating that the drivers…
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Aggressive Defense in Age Discrimination Case Leads to Nominal Settlement

A national real estate agency faced an age discrimination suit by a long term clerical employee. The employee claimed that a newly hired supervisor had a bias towards older workers and ultimately terminated the plaintiff’s employment because of her age. An aggressive defense resulted in a nominal settlement, saving the client substantial litigation…
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Class Certification Defeated on Wage and Hour Claims by Employees of Home Health Care Agency

A home health care agency faced a class action suit by caregivers claiming that they were improperly classified as exempt, and alleging various wage and hour claims. The employer successfully defeated class certification.
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Class Certification Defeated on Wage and Hour Claims by Employees of Restaurant Chain

A casual dining restaurant chain faced a class action suit by assistant managers claiming that they were improperly classified as exempt, and alleging various wage and hour claims. The employer successfully defeated class certification. The plaintiff employees appeal, and after extensive briefing, the denial of class certification was upheld on appeal.
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Aggressive Defense of Invasion of Privacy Claims Results in Dismissal of Action

A prominent hospital faced a claim of invasion of privacy where an administrator shared the details of a nurse’s performance evaluation with employees. The employer filed a motion for summary judgment and moved to compel the mental examination of the plaintiff. While those motions were pending, plaintiff dismissed the action with prejudice.
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