Best Best & Krieger News Feed

BB&K Successfully Defends Client in Racial Discrimination/Retaliation Case

18 May 2008 00:00:00 -0800

Daniel Villanueva v. City of Colton

BB&K Partner John Higginbotham represented the City of Colton in Daniel Villanueva v. City of Colton. The case involved claims by an employee that he was suspended and later included in a reduction-in-force because of his race, and in retaliation for whistle-blowing activity. BB&K prevailed on summary judgment, and then brought a motion for recovery of its attorney fees against the employee. The motion was granted in its entirety, resulting in a judgment of over $44,000 against the plaintiff. On appeal, the Court of Appeal affirmed the judgment in its entirety and decided to publish the case.

BB&K Settles Complex Overtime Class Action For Nuisance Value

16 May 2008 00:00:00 -0800

John Crowe v. BB&K Client

BB&K Partner John Higginbotham represented a local trucking company in a overtime class action involving a class of over 200 drivers, none of whom had ever been paid overtime. The class was represented by a successful attorney who had achieved large settlements from numerous other similarly situated trucking companies in the five years leading up to this case. Rather than simply going through the motions and ultimately allowing its client to write a very large check, BB&K asserted a novel defense that California’s overtime was preempted by federal law due to the fact that some of the product hauled by its client had previously been brought into California by rail, and that the ultimate delivery of the product by truck was a “continuation” of interstate commerce. Facing the prospect of complete defeat, the class settled the claim for literally pennies on the dollar.

BB&K Settles Wage And Hour Class Action For Pennies On The Dollar

03 May 2008 00:00:00 -0800

Carlton Morris v. BB&K Client

BB&K Partners John Higginbotham and Michael Summerour represented an international trucking company in a class action involving multiple alleged wage and hour violations, a class of thousands of drivers and potential eight figure liability. Before plaintiffs could move for class certification, BB&K brought a motion for summary judgment based on the novel argument that plaintiffs’ claims were barred by the commerce clause in the United States Constitution. Shortly before that motion was to be heard, class counsel agreed to settle the case for approximately three percent of their claimed damages.

BB&K Prevails on Summary Judgment in Discrimination Case; Recoups Nearly All Attorneys’ Fees for Client

27 Apr 2006 00:00:00 -0800

Richard Gonzales v. City of Colton

BB&K Partners John Higginbotham and Cynthia Germano obtained summary judgment and a substantial attorney fee award in favor of firm client, City of Colton, in San Bernardino County Superior Court. The case involved claims by a current employee that he was passed over for a promotion because of his race and in retaliation for whistle-blowing activity. The employee also sued two of his supervisors for retaliation, defamation and intentional infliction of emotional distress. The BB&K team eliminated the claims against the supervisors at the demurrer stage based on deficiencies in the employee's government tort claim. Subsequently, the BB&K team convinced the court that the promotional decision was fair and unbiased, and that the employee lacked any credible evidence of race discrimination or retaliation.

Following the summary judgment, the BB&K team brought a motion for recovery of its attorneys' fees against the employee. The motion was granted and the City was awarded the sum of $39,060.00, which represented over 93% of its attorneys' fees for the entire case.

Colton City officials were obviously ecstatic with the outcome and the firm's work on their behalf, particularly given the deterrent effect that this case may have on like-minded employees who might otherwise file similarly baseless employment lawsuits against the City.

BB&K Eliminates Discrimination Claims; Recoups Litigation Costs for Client

15 Aug 2005 00:00:00 -0800

Lorraine June v. City of Colton, et al.

BB&K Partner John Higginbotham represented the City of Colton in Lorraine June v. City of Colton, et al. The case involved claims by a long-time employee that she was constructively terminated because of a disability and that the City failed to reasonably accommodate her. The employee also sued her department director and the City Manager for various intentional torts. BB&K eliminated the claims against the individuals at the demurrer stage based on plaintiff’s failure to comply with the Tort Claims Act. BB&K then disposed of the rest of the case on summary judgment by showing that the actions it took against plaintiff were for legitimate, non-discriminatory reasons unrelated to her disability. Judgment was entered in favor of the City and its employees for several thousand dollars in litigation costs.

BB&K Prevails on Summary Judgment in Discrimination/Wrongful Termination Case

19 Jul 2005 00:00:00 -0800

Mir Fattahi v. City of Corona, et al.

BB&K Partners Howard Golds and John Higginbotham represented the City of Corona in Mir Fattahi v. City of Corona, et al. The case involved claims by a Middle Eastern-origin employee that he was subjected to offensive comments about his race and religion by his supervisor and then terminated because of his national origin and religion. BB&K prevailed on summary judgment by convincing the court that plaintiff was terminated for poor performance and other reasons unrelated to plaintiff’s national origin or religion. Judgment was entered in favor of the City for its litigation costs.

BB&K Prevails on Summary Judgment in Discrimination Case; Court of Appeals Affirms

11 Jul 2005 00:00:00 -0800

Jane Stroup v. City of Victorville, et al.

BB&K Partners Howard Golds and John Higginbotham represented the City of Victorville in Jane Stroup v. City of Victorville, et al. The case involved claims by a female employee that she was harassed, subjected to a hostile work environment by her allegedly boorish supervisor, and discriminated and retaliated against based on her gender and her alleged whistle-blowing activity. BB&K prevailed on summary judgment by convincing the court that plaintiff’s claims were without merit and that the City had legitimate reasons for its actions, unrelated to plaintiff’s gender or alleged whistle-blowing. Plaintiff appealed and the Court of Appeal affirmed the judgment in its entirety.

BB&K Achieves Dismissal of Age Discrimination Case

02 May 2005 00:00:00 -0800

Thomas Weihert v. City of Victorville, et al.

BB&K Partners Howard Golds and John Higginbotham represented the City of Victorville in Thomas Weihert v. City of Victorville , et al. The case involved allegations of age discrimination by a 52-year-old former employee, who claimed he was wrongly terminated and replaced by a younger worker. After two days of jury trial, in which things were going badly for the plaintiff, he agreed to dismiss his case with prejudice in exchange for a waiver of costs.

BB&K Prevails on Summary Judgment in Disability Accommodation/Wrongful Termination Case

14 Sep 2004 00:00:00 -0800

Kathleen Tevis v. City of Colton

The case involved claims by a former employee that she was terminated because of a disability, and that the City failed to reasonably accommodate her disability. BB&K Partners John Higginbotham and Cynthia Germano convinced the court that plaintiff was terminated for legitimate, non-discriminatory reasons unrelated to her disability, and that the City had made a good faith effort to accommodate plaintiff's disabilities. Colton city officials were obviously very pleased with the outcome and the firm's work on their behalf, particularly given the recent budget crisis and the resulting importance of being able to make necessary reductions in force without fear of second-guessing by a court or jury.

BB&K Prevails on Summary Judgment in Discrimination Case

26 Mar 2004 00:00:00 -0800

Aladdin Masry v. City of Redlands

BB&K Partners Howard Golds and John Higginbotham represented the City of Redlands in Aladdin Masry v. City of Redlands. The case involved claims by a Middle Eastern-origin employee that he was subjected to workplace hostility after the September 11 terrorist attacks, and then terminated because of his ethnicity and national origin. BB&K prevailed on summary judgment by convincing the court that plaintiff was terminated for poor performance and other reasons unrelated to plaintiff’s national origin.