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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 commission sales...
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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...
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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...
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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...
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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...
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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. ...
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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...
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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...
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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...
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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...
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Summary Judgment Granted in Arbitration on Claim of Sexual Orientation Discrimination

A vocational institution faced a claim in arbitration based on sexual orientation discrimination by a director who was terminated for having posted sexually explicit information on the internet.  The employee claimed the termination was based on his sexual orientation, whereas the employer argued that the termination was the result of unprofessional...
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CDF Obtains Summary Judgment In Multiple-Plaintiff Action Against Its Gaming Industry Client

Four food-and-beverage servers jointly sued their former employer, a Bay Area card room, in state court claiming that the company had wrongfully terminated them and discriminated against them based on their age.  The defendant-employer maintained that it had lawfully and in good faith terminated the plaintiffs for legitimate, non-discriminatory reasons.  Partner...
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Trial Court Enters Complete Defense Verdict for Employer On Trial De Novo Appeal From Labor Commissioner Hearing

A former employee of an international electronic components company filed an appeal of a trial de novo to the Orange County Superior Court of his unsuccessful claim with the Labor Commissioner, alleging that his employer failed to reimburse him for business expenses incurred through the majority of his employment.   With the...
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