Successes

2017

Payne & Fears Secures Win in New Jersey Appellate Court

Payne & Fears obtained a major victory in the Travelers insurance collection litigation in a decision released by the New Jersey Appellate Division on March 10, 2017. The appellate court completely reversed a 2015 trial court dismissal of claims by former shareholders of Clarendon Insurance Group in their attempt to collect a $92 million Bermuda judgment. The court rejected the insurers' arguments that the shareholders were bound by a default rescission judgment Travelers had obtained in Bermuda in an attempt to avoid paying the shareholders' own Bermuda judgment. The court then...

Appellate Law (Business)

C. Darryl Cordero, Jared De Jong, Scott O. Luskin

2016

Favorable Resolution at Early Mediation for “Bonus Overtime” Class Action

Payne & Fears LLP represented a Bay Area transaction processing service center in a “bonus overtime” class action where the plaintiff alleged miscalculation of the overtime rate in violation of the California Labor Code. Despite the challenge of a nondiscretionary bonus program that supported plaintiff’s theory of the case, our team reached a favorable resolution at early mediation that resulted in a settlement payment of 2% of plaintiff’s demand.

Labor and Employment Litigation, Class Action Defense

Financial Institutions

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Technology & Startups

Leila S. Narvid

2016

Payne & Fears Recovers 100% of Costs in High-Exposure Construction Defect Lawsuit

Irvine office partner Scott S. Thomas, and associate Sarah J. Odia of the Las Vegas office, recovered more than $2 million dollars from a group of additional-insured carriers for a major home builder in reimbursement of costs incurred to defend a high-exposure construction defect lawsuit, plus 100% of Payne & Fears LLP's costs incurred pursuing the litigation. By utilizing their connections within the insurance industry, and by employing creative legal strategies - including early case evaluation and mediation - Payne & Fears LLP was able to recover the entire amount uncommonly...

Insurance Coverage

Sarah J. Odia, Scott S. Thomas

2016

Narrowed Issues to Position Case for Favorable Settlement for Online Shopping and Delivery Service Client

In a class action wage and hour case brought in federal court against a statewide employer, a former employee of an online shopping and delivery service alleged that the employer violated the California Labor Code and California Unfair Competition Law.  Among other claims, the employee alleged failure to (1) compensate him for all hours worked; (2) provide him with meal and rest breaks; (3) maintain accurate employee time records; and (4) timely pay his final paycheck.  Before certification of the class, Payne & Fears brought a motion for summary judgment on the lead...

Labor and Employment Litigation, Wage-and-Hour Litigation

James L. Payne, Jeffrey K. Brown

2016

Obtained Major Win in Widely Publicized Class Action

In late July, the Court of Appeals for the Ninth Circuit ended a 23-year bid by a retired employee of the world's largest aerospace company to force the company's pension plan to retroactively recalculate decades of pension benefits she and other retirees commenced while working. The plaintiff, one of the original "Rosie the Riveters" who riveted planes during WWII, and who recently retired from making C-17s at the age of 95, claimed that her and other participants' pension benefits had been underpaid since at least 1989. In 2015, Payne & Fears LLP prevailed on a summary judgment...

Labor and Employment Litigation, Class Action Defense, Appellate Law (Labor), ERISA Litigation

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...

Labor and Employment Litigation

James R. Moss, Jr.

2015

Wage-and-Hour Class Action Against National Retail Chain Resolved Efficiently

Payne & Fears LLP represented a national retail chain in a “second wave” class action lawsuit where the plaintiff alleged misclassification of the stores’ California‐based assistant store managers and purported wage-and-hour violations. Our attorneys were able to negotiate a very favorable settlement prior to the hearing on class certification, engaging in aggressive fact discovery (obtaining declarations from employees regarding allegations concerning the elements of the exemption analysis) and convincing plaintiff to attend an early mediation prior to taking any depositions. This...

Labor and Employment Litigation, Wage-and-Hour Litigation, Class Action Defense

Retail

Leila S. Narvid

2015

Defended 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...

Labor and Employment Litigation, Discrimination & Harassment, Appellate Law (Labor)

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.

Insurance Coverage

J. Kelby Van Patten, Jared De Jong, 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.

Insurance Coverage

J. Kelby Van Patten, Jared De Jong