State Bar of California’s Labor and Employment Law Section’s 5th Advanced Wage & Hour Conference and 32nd Labor & Employment Law Section Annual Meeting

July 9, 2015 – Helmer Friedman LLP attorneys Andrew H. Friedman and Priyan Chandraratna will be speaking at the State Bar of California’s Labor and Employment Law Section’s 5th Advanced Wage & Hour Conference and 32nd Labor And Employment Law Section Annual Meeting on July 9 & 10, 2015 at:

JW Marriott LA Live,
900 W Olympic Blvd
Los Angeles, CA 90015

Mr. Friedman will be speaking along with Anthony Oncidi (of Proskauer Rose LLP) on a panel entitled The Good, The Bad & The Ugly – A Review of Recent Employment Law Cases.  In this fast-paced discussion, Mr. Friedman and Mr. Oncidi will reprise their annual review of recent employment law cases with an emphasis on those cases of most utility to the employment practitioner whether plaintiff, defense or neutral.

Mr. Chandraratna will be speaking on a panel entitled Employment Discrimination 101. Th­is panel will provide a summary of the key challenges of litigating an employment discrimination case from the plaintiff and defense perspectives, including jurisdiction and venue selection, which causes of action to plead and how to plead them so the complaint sticks, strategies to attack the complaint early on in the litigation and key defenses. Mr. Chandraratna will be speaking with Daphne Anneet (of Burke Williams & Sorensen) and Dolores Leal (of Allred Maroko & Goldberg, Los Angeles).

For more information about the Labor and Employment Law Section’s 5th Advanced Wage & Hour Conference and 32nd Labor And Employment Law Section Annual Meeting, go to http://laborlaw.calbar.ca.gov/Education/AdvancedWageHourConference/Schedule.aspx

2018-04-12T13:45:54-08:00May 28th, 2015|Andrew Friedman, Priyan Chandraratna, speaking engagements|Comments Off on State Bar of California’s Labor and Employment Law Section’s 5th Advanced Wage & Hour Conference and 32nd Labor & Employment Law Section Annual Meeting

Worker Dissent & Discontent: Addressing Complaints At Work & In Cyberspace

June 9, 2015 – Andrew H. Friedman to speak at the United States Equal Employment Opportunity Commission’s June 9, 2015 Hollywood, California Seminar. Mr. Friedman will speak on a panel entitled Worker Dissent & Discontent: Addressing Complaints At Work & In Cyberspace along with:

Moderator: Patricia Kane, EEOC Enforcement Manager

Jean Libby, Senior Attorney, Region 21, National Labor Relations Board

Colleen Regan, Partner, Seyfarth Shaw LLP

For more information about this program, click here.

2018-04-12T13:45:55-08:00May 28th, 2015|Andrew Friedman, speaking engagements|Comments Off on Worker Dissent & Discontent: Addressing Complaints At Work & In Cyberspace

Demurrers and Motions To Strike

Andrew H. Friedman Authors Article On Demurrers and Motions To Strike

Helmer Friedman LLP is proud to congratulate Andrew H. Friedman on the publication of his latest law review article – “Demurrers and Motions to Strike – They Aren’t Just for Defendants Anymore.” In this article, Mr. Friedman outlines the authorities addressing the pleading standards applicable to affirmative defenses, discusses the arguments favoring and disfavoring challenges to affirmative defenses, and summarizes the law regarding challenges to the most frequently asserted affirmative defenses. The article can be viewed here.

2018-04-12T13:45:55-08:00May 28th, 2015|employment law publications, law review articles|Comments Off on Demurrers and Motions To Strike

$5.7 Million Jury Verdict for Intentional Infliction of Emotional Distress

May 1, 2015 –

Court of Appeal Affirm’s Ted Mathew’s $5.7 Million Jury Verdict For Intentional Infliction of Emotional Distress

Today, the California Court of Appeal reversed a trial court ruling and reinstated a $5.7 Million jury verdict that Charles “Ted” Mathews obtained on behalf  Dr. Michael W. Fitzgibbons.  Commenting about this victory, Andrew H. Friedman of Helmer Friedman LLP, said “Ted’s victory today exemplifies why we wanted him to join our law firm. We think that Ted is one of the premier trial attorneys on the West Coast and we could not be happier that he is working with us.”

Mr. Mathews’ client, Dr.  Fitzgibbons, sued his former employer, Integrated Healthcare Holdings, Inc. (“IHHI”), for intentional infliction of emotional distress based on the conduct of IHHI’s chief executive officer (“CEO”).  At trial, the jury impliedly found that IHHI’s CEO carried out his threat to “humble” Dr. Fitzgibbons by having him arrested after arranging for a loaded handgun to be planted in his car. The jury also impliedly found the CEO caused Dr. Fitzgibbons’s daughter to be in a serious auto accident after one of her tires was slashed. The CEO retaliated against Dr. Fitzgibbons to punish him for his outspoken opposition to IHHI’s acquisition of the hospital where Dr. Fitzgibbons had just completed a term as chief of staff, and also Dr. Fitzgibbons’s success in an earlier lawsuit that resulted in a $150,000 attorneys fee award against IHHI.  Accordingly, the jury found in favor of Dr. Fitzgibbons and awarded him $5.7 million in compensatory and punitive damages on his intentional infliction of emotional distress claim against IHHI.

Following the trial, the trial court granted IHHI’s motion for a judgment notwithstanding the verdict because it found IHHI was not vicariously liable for its CEO’s misconduct under the respondeat superior doctrine. According to the trial court, the CEO acted outside the scope of his employment because he held a personal grudge against Fitzgibbons and therefore his conduct was not reasonably foreseeable.

The Court of Appeal reversed and reinstated the jury’s verdict because foreseeability of the CEO’s conduct is not the exclusive test for determining the employer’s vicarious liability for an employee’s torts. An employee also acts within the scope of employment when his or her tort is engendered by or arises from a dispute that relates to the employer’s business. Substantial evidence supports the jury’s implied finding the CEO retaliated against Dr. Fitzgibbons based on a dispute relating to IHHI’s acquisition and operation of the hospital, and the trial court’s finding the CEO acted out of a personal grudge impermissibly supplants the jury’s determination on the weight and credibility of the evidence.

The Court of Appeal decision can be found here.

2018-04-12T13:45:55-08:00May 1st, 2015|Case Update, employment law, Front Page News, retaliation|Comments Off on $5.7 Million Jury Verdict for Intentional Infliction of Emotional Distress
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