Employment Trials: T.J. Simers wins $7m verdict for Age Discrimination Case

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California’s courtrooms are likely to be filled with employment cases for the foreseeable future. California has a significant and growing body of laws governing the field of employment. These include detailed regulations concerning wages and hours, which have been the grist for numerous class action lawsuits. There are also serious state laws forbidding discrimination against employees based upon factors including race, gender, age and medical condition.

The latter were at issue in the recent trial of claims by longtime Los Angeles Times sports writer T.J. Simers that he was effectively fired from the Times due to age and medical condition. Simers resigned from the paper in September 2013, allegedly under pressure from the Times due to his age and medical condition, a recent mild stroke. read more

The Trial Lawyer as Generalist

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I belong to a business development network where members can post needs broadcasted on blast emails. A request for a litigation attorney often asks for a lawyer who specializes in the type of case in question – a “defamation lawyer” or a “policy holder litigator.”

At larger firms it is common for lawyers to cultivate specialization, so that the firm as a whole can market depth of knowledge in any given subject. Specialization certainly promotes clear marketing.

I, however, have avoided undue specialization, and have tried to follow in the steps of old school trial lawyers, available to appear in any matter contested in court. read more

Judicial Activism and Balls and Strikes

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Some years ago the term “judicial activism” became common.  The phrase was coined by conservatives to claim that conservative judges apply the law and liberal judges ignore the law and make up the result.  Liberals picked up this theme and leveled accusations of “judicial activism” in connection with conservative-majority decisions, such as those on gun rights and campaign finance.

I have not been able to discern any consistent use or definition of the term “judicial activism,” other than that the person using the term does not like the decision they are criticizing.  The judges all seem to be attempting to apply the law; none admit to making it up. read more

Civility in the Courtroom

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I have four children.  Two are older.  For them, the parenting I was able to impart is in the rear view mirror.  I have two younger ones as well.  So, I’m getting a second chance at parenting.  Among the most important lessons I try to teach is to treat others as you would like to be treated, including saying “please” and “thank you” as much as possible.

I attended a christening at which the parish priest told the gathered that children watch us, very intently, and do what we do, not what we say to do.  Thus, he said, if we say one thing and do another, we teach our children that it is okay to be a hypocrite. read more

Spillane Trial Group Obtains Securities Fraud Win for Investment Group

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We have handled a number of matters for clients of prominent entertainment lawyer Michael Barnes, named Variety Dealmaker of the Year in 2010 in connection with the Miramax acquisition.  This year, Barnes and an investment group he lead became clients of the firm.  Merely two weeks before trial, we were asked to step in to try a securities fraud action against James Roberts, promoter of a produce venture in which Barnes’ group were the major investors.  The case was tried as an adversary proceeding for non-dischargeability in Roberts’ bankruptcy case.
 
At trial, we presented compelling evidence that Mr. Roberts was desperate to earn management fees funded by our client’s investments, and that he was willing to procure those investments through lies, concealments and wildly unfounded financial projections.  read more