Successes

2018

Recovered More Than $1.65 Million on Behalf of Homebuilder in Insurance Coverage Case

Irvine partner Scott Thomas and associate Kevin Brantley recovered more than $1.65 million from several insurers on behalf of a homebuilder, reimbursing the homebuilder for all defense costs it had incurred, or would incur in the future, after the insurers denied coverage and refused to defend the homebuilder in a single-home construction defect action.

After being rebuffed by the insurers for more than five years, the homebuilder retained Payne & Fears to recover roughly $1 million in past defense costs and negotiate a going-forward defense-funding arrangement. After Payne...

Insurance Coverage

Real Estate & Construction

Scott S. Thomas

2018

Won TRO Against Former E*TRADE Employee

Payne & Fears LLP client E*TRADE was granted a temporary restraining order by the federal district court in Chicago, barring a former employee—a financial consultant—from using confidential information to solicit E*TRADE’s clients away from the provider and to her new employer, Morgan Stanley. 

In the case E*TRADE Financial Corp. v. Pospisil, evidence showed that the former employee accessed E*TRADE’s customer data shortly before she left the firm. The court deemed it reasonable to infer that she accessed it in order to use the information in her new job after leaving E*...

Labor and Employment Litigation, Trade Secret and Unfair Business Practices, Business Litigation, Intellectual Property

Financial Institutions

Alejandro G. Ruiz, Blake A. Dillion

2018

Recovered Almost $1,000,000 in Insurance Proceeds for a Fortune 500 Homebuilder

Irvine office partner Scott S. Thomas and Las Vegas partner Sarah J. Odia recently recovered almost $1,000,000 in insurance proceeds for a Fortune 500 homebuilder. Several liability insurers that insured the homebuilder as an additional-insured under policies issued to the homebuilder’s subcontractors refused to defend the homebuilder in two multi-plaintiff construction defect actions in Clark County, Nevada. One of the insurers filed a motion to dismiss the homebuilder’s insurance recovery complaints, citing the “ongoing operations” language in its additional insured...

Insurance Coverage

Real Estate & Construction

Sarah J. Odia, Scott S. Thomas

2018

Secured Preliminary Injunction Against Former E*TRADE Employee

Payne & Fears obtained a victory in favor of client E*TRADE in an action brought against a former employee.

In the case E*TRADE Financial Corporation v.  Eaton, 305 F. Supp. 3d 1029 (D. Ariz. 2018), the former employee testified that he contacted his former employer’s clients, by telephone, to announce his new position and provide his new contact information. The former employee claimed that he was required, by certain rules applicable to certified financial planners, to provide his new contact information to the clients he previously serviced. The former employee...

Labor and Employment Litigation, Trade Secret and Unfair Business Practices

Financial Institutions

2018

Federal Court Grants Judgment in ERISA Case in Favor of Our Clients Before Trial Begins

In an employee benefits case brought in federal court under the Employee Retirement Income Security Act (ERISA) against our client, a national retailer, and its group health insurance plan for denial of an expensive surgery as not medically necessary, the court granted judgment in favor of our clients at the time of trial.  

The court ordered trial briefs from both parties in advance of trial, which plaintiff provided.  Payne & Fears went a step further and in conjunction with our trial brief, moved for judgment on partial findings pursuant to Federal Rule of...

Labor and Employment Litigation, ERISA Litigation

Andrew K. Haeffele

2018

Prevailed on Summary Judgment in a Race Discrimination / Retaliation Case

Payne & Fears LLP was recently retained as trial counsel in a hotly contested race discrimination and retaliation case. At mediation, Plaintiff was demanding $6 million to settle and prior counsel had been unable to resolve the case. The trial team of Dan Fears, Jeff Brown, Ray Boggess and Sean O'Brien quickly transitioned into the case and assisted prior counsel in preparing a motion for summary judgment.  

Following oral argument by Dan Fears, the Court issued a 15-page decision granting total summary judgment as to all 10 claims and all defendants.  Payne...

Labor and Employment Litigation, Discrimination & Harassment

Daniel F. Fears, Jeffrey K. Brown, Ray E. Boggess, Sean A. O’Brien

2017

Unlicensed Contractor Agrees to Drop Million Dollar Suit Against SpaceX

Payne & Fears LLP recently obtained a victory in favor of their client, SpaceX, before the California Court of Appeal which upheld the dismissal of certain claims against SpaceX by an unlicensed contractor seeking to collect on what it claimed were over $1 million in unpaid invoices. 

In Phoenix Mechanical Pipeline, Inc. v. Space Exploration Technologies Corp., No. B269186 (Cal. Ct. App. June 13, 2017), a published opinion, the Court of Appeal for the Second Appellate District ruled that plaintiff’s claims for contracting services were barred by ...

Business Litigation, Appellate Law (Business)

Benjamin A. Nix, Robert Tadashi Matsuishi, Scott O. Luskin

2017

Payne & Fears LLP Granted Final Approval of $11.75 Million Class Settlement in TCPA Litigation

Payne & Fears LLP secured a victory on behalf of client Craftwood Lumber Company in a Telephone Consumer Protection Act (TCPA) litigation in Illinois state court. The Lake County Circuit Court granted final approval of the $11.75 million class settlement that the Firm secured for recipients of faxes announcing price changes for Hardware Resources products. The court noted that none of the 26,000 class members had objected to the settlement, and only nine class members had opted out.

Business Litigation

C. Darryl Cordero, Leilani E. Jones, Matthew K. Brown, Scott O. Luskin

2017

Final Approval of $25M TCPA Lawsuit Granted

Payne & Fears LLP received a major victory in the RehabCare Group Telephone Consumer Protection Act ("TCPA") litigation in the Eastern District of California.

Judge Dale A. Drozd released his decision granting final approval of the $25 million class settlement the Firm had obtained for recipients of "Polaris Group" junk faxes. In its 24-page decision, the court concluded that the settlement easily qualified as "fair, reasonable, and adequate."

Over the course of several years, long-term care facilities across the country had been blanketed with faxes promoting Polaris...

Business Litigation

C. Darryl Cordero, Leilani E. Jones, Matthew K. Brown, Scott O. Luskin

2017

Recovered More Than $2.75 Million On Behalf of a Homebuilder

Irvine partners Scott Thomas, Nathan Cazier, and Jared De Jong recovered more than $2.75 million from several primary and excess insurers on behalf of a homebuilder, reimbursing the homebuilder for defense costs it shouldered after the insurers denied coverage and refused to defend the homebuilder in several construction defect lawsuits. 

Payne & Fears negotiated favorable settlements with all but one insurer.  After the trial court granted summary judgment in favor of the remaining insurer, the homebuilder appealed.  After the appeal was briefed, the hold-out...

Insurance Coverage

Real Estate & Construction

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