Carnahan v. Lakeside Union School District (San Diego Superior Court)
Sam Sherman and Phil Simpler obtained a complete defense verdict in a jury trial alleging sexual assault by a fourth grade student. Plaintiff alleged the after school program director at the elementary school sexually molested her in his office. The case proceeded to trial against the program director for sexual molestation and the school district for negligent hiring, retention and supervision. After a three-week trial, the jury returned a verdict finding that the program director did not touch the student and that the school district was not at fault. Plaintiff did not receive any damages.
Suppici Labor Commissioner Claim
TencerSherman achieved a very favorable outcome for employer after a delivery driver alleged meal and rest period premiums, overtime wages, reimbursable expenses, liquidated damages, and waiting time penalties under the California Labor Code. After a hearing in San Bernardino, the Labor Commissioner only awarded the employee waiting time penalties of less than $800.
Eldridge Labor Commissioner Claim
Obtained a complete defense decision after a dental hygienist employee filed a claim with the Labor Commissioner in San Diego alleging her employer willfully failed to pay her wages after she submitted a letter of resignation. The employee claimed her employer owed her waiting time penalties. The Labor Commissioner held the employee did not meet her burden of proof to show that the employer willfully withheld wages and, therefore, was not awarded any penalties.
Isis R., Tamar R., Vanessa T. v. National School District (San Diego Superior Court)
Obtained a complete defense jury verdict against all three plaintiffs in student sexual assault case. The plaintiffs alleged their third grade elementary school teacher sexually assaulted them while in class and that the elementary school was at fault for negligent hiring, retention, and supervision of the teacher. Plaintiffs claimed $40 million in damages and the case involved over 70 depositions. After a three-week trial, the jury returned a verdict finding that the teacher did not sexually assault any of the three students and that the school was not at fault. The complete defense verdict did not award any damages to any of the three plaintiffs.
Dirkes v. San Diego Unified School District (San Diego Superior Court)
Obtained a complete defense decision in a bench trial for claims of employment related harassment, discrimination and retaliation brought against a San Diego Unified School District elementary school principal. Plaintiff, a special education teacher, alleged the school principal took adverse employment action against her and forced her to retire from teaching at the school’s special education program. Sherman successfully tried the case to close on the grounds that the constitutional claim that the teacher alleged lacked merit under the facts arising at the school.
Quake Global, Inc. v. Fleet Management Solutions (San Diego Superior Court)
Brought suit for breach of contract for failure to pay for goods purchased from Quake Global. Successfully obtained an ex parte writ of attachment against Fleet, whereupon it settled with Quake for all monies owed, interest and attorney’s fees.
Public Storage v. Pietsch (San Diego Superior Ct)
Obtained an early favorable settlement on a breach of lease agreement claim, where defendant paid a minimal amount of balance owed.
Gateway Colorado Properties v. Law Offices of Bruno Flores (San Diego Superior Ct)
Obtained an early favorable settlement on a breach of lease agreement claim, where defendant paid a fraction of balance owed.
Hegener v. Paramount Biosciences (San Diego Superior Court)
Achieved a very favorable settlement in a case alleging breach of contract, intentional misrepresentation and fraud. Defendants settled for less than cost of defense.
Garrett v. City of Escondido (S.D. Ca.)
Obtained a permanent injunction and a very favorable settlement against the City of Escondido, prohibiting Escondido from enforcing a city ordinance that targeted illegal aliens.
BDT Products v. Lexmark International (E.D. KY)
Obtained summary judgment on breach of contract and trade secret misappropriation claims, which was affirmed by the 6th Circuit. Obtained an order for plaintiffs to pay all attorney fees and costs incurred by Lexmark.
Tang Capital Partners, L.P. v. Cell Therapeutics, Inc. (S.D.N.Y)
Represented Tang Capital in a breach of contract action. At the close of discovery and the eve of trial, obtained a settlement that provided full relief sought, including all attorney fees and costs.
Fox v. Ivory Capital Group (C.D. CA.)
Represented Ivory Capital in a breach of contract action involving a former partner of the entity, who sought 40% ownership of the hedge fund, worth several billion dollars. Obtained a very favorable settlement at the close of discovery that was akin to the cost of defense.
CopperMountain Sec. Litig. (N.D. Ca.)
Achieved dismissal on all claims on 12(b)(6) motion in a highly precedential ruling.
Amylin Pharmaceuticals Sec. Litig. (S.D. Ca.)
Achieved dismissal on all claims on 12(b)(6) motion.
Maxim Pharmaceuticals Sec. Litig. (S.D. Ca.)
Achieved dismissal on all claims on 12(b)(6) motion.
Maxim Pharmaceuticals Derivative Litigation (San Diego Superior Court)
Achieved dismissal on all claims on motion to dismiss.
VistaCare Sec. Litig. (D. Az.)
Lead counsel that obtained a very favorable settlement that was far below policy limits and was covered by company’s D&O carrier.
Dot Hill Systems Corporation Sec. Litig. (S.D. Ca.)
Lead counsel that obtained a dismissal of all claims on 12(b)(6) motions.
Dot Hill Systems Corporation Derivative Litigation (San Diego Superior Court)
Lead counsel that obtained a dismissal of all claims with prejudice.
New Century Sec. Litig. (C.D. Ca.)
Represented former CFO and obtained an early settlement for zero dollars that dismissed all claims against CFO.
Applied Micro Circuits Corporation Sec. Litig. (S.D. Ca.)
Represented AMCC in one of the largest securities class action lawsuits in the Southern District of California. Plaintiffs settled the matter near the close of discovery.
Quest Software, Inc. Sec. Litig. (C.D. Cal.)
Obtained a dismissal, with prejudice at the pleading stage, of a securities class action lawsuit against Quest and related defendants alleging that defendants misled investors by engaging in accounting fraud.
Cohen v. Harvey, et al. (C.D. Cal.)
Obtained dismissal, with prejudice, of a securities class action lawsuit against Chaparral Networks and related defendants. Plaintiffs alleged that defendants failed to disclose material adverse information to investors. The case is noteworthy for its holding that plaintiffs failed to allege loss causation under the standard set forth in the Supreme Court decision Dura Pharmaceuticals.
Riviera Holdings Corporation Shareholders’ Litig. (D. Nev.)
Represented the Riviera Casino in a securities class action lawsuit filed against its holding company and certain officers and directors challenging a proposed acquisition. Obtained favorable dismissal of claims.
New Century TRS Holdings (Del. BK Court)
Represented former Executive Vice President of New Century Financial in bankruptcy proceeding, where estate sought to recover salary and bonuses. Settled matter for less than 10% of recovery sought.
Astea International v. Iteration2 (Orange County Superior Court)
Represented Astea in a trade secret misappropriation lawsuit involving software acquired in an acquisition. Obtained a very favorable settlement for Astea that protected its intellectual property.
RIAA v. MP3.com (S.D. N.Y.)
Represented MP3.com in a seminal case involving the use of copyrighted music over the internet.
Represented Qualcomm in a patent license dispute with Nokia Corp., in the Delaware Chancery Court. The case settled favorably for Qualcomm on the eve of trial and resulted in a 15 year multibillion dollar license agreement.
Represented Qualcomm in a class action stock option claim involving the sale of one of its business units in San Diego Superior Court. The case ultimately settled favorably for Qualcomm.