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David M. McLaughlin - Representative Experience

  • Issues
  • Venue
  • Client Type
  • Practice Areas
  • Full Description
  • Result
  • Labor Code; Appeal
  • Worker’s Compensation Appeals Board
  • Defendant National Hotel Chain
  • AppellateEmployment
  • Represented an employer in a Labor Code section 132(a) matter before the Worker’s Compensation Appeals Board. The claimant alleged she was terminated because of a disability arising from a work related injury.


     

  • The matter settled favorably for our client.

  • Product Liability; Wrongful Death
  • San Mateo County Superior Court
  • Defendant Tire Manufacturer
  • Product Liability
  • Represented the defendant, a product manufacturer, in a strict product liability wrongful death lawsuit.

     

  • The matter settled favorably to our client before trial.
     

  • Race Discrimination; Sexual Harassment; Retaliation
  • USDC: Eastern District of California
  • Defendant Correctional Treatment Provider
  • Employment
  • Represented a national correctional facility treatment provider and operator in a race discrimination, sexual harassment and retaliation case.


     

  • The case successfully settled prior to trial.

  • Constructive Termination; Sexual Harassment; Sexual Assault
  • Santa Clara County Superior Court
  • Defendant Independent Contractor
  • Employment
  • Represented the defendant, an independent contractor, in a constructive termination, sexual harassment and sexual assault case involving judicial estoppel issues.

     

     

  • The key witness in the case committed suicide during discovery and the case resolved nominally thereafter in favor of our client.

  • Disability Discrimination; Wrongful Termination
  • Not Filed
  • Plaintiff President Pharmaceutical Company
  • Employment
  • Advised the president of a multi-billion dollar pharmaceutical company in a disability discrimination and wrongful termination action.

     

  • The case settled prior to the filing of a lawsuit.

  • Civil Rights; Discrimination; Wrongful Termination; Indian Preference Act
  • USDC: Northern District of California
  • Defendant Health Care Center
  • Civil RightsEmployment
  • Represented an Indian health center in a civil rights, discrimination and wrongful termination action involving the Indian Preference Act.

     

  • The matter was resolved in mediation to our client’s satisfaction.

  • Intellectual Property; Trade Secret; Copyright
  • State and Federal Court in Australia, Canada, Germany, South Africa, California, Colorado, Florida, Illinois, Kansas, Louisiana, Oregon, Minnesota, Missouri, Nevada, New Hampshire, New York, South Carolina, Washington, Washington DC,
  • Defendant Life Science Company
  • Copyright, Domain Name and Trademark LitigationIntellectual PropertyTrade Secret Protection and Litigation
  • Represented a biotechnology/life sciences company - Applied Biosystems and Applera (now known as Life Technologies, Inc.)-in trade secret and copyright protection matters involving DNA test kits and sequencing devices which use polymerase chain reaction (PCR) technology in numerous jurisdictions.

     

  • Successfully quashed numerous subpoenas demanding trade secret and unpublished developmental validation information

  • Sexual Orientation; Disability; Discrimination; Harassment; Retaliation; Non-Profit; Employment
  • Department of Fair Employment and Housing (DFEH), Oakland
  • Defendant Non-Profit
  • Employment
  • Represented a social and political organization in achieving a historical settlement for a political and social change organization.  The lesbian African American Director of Operations and Administration brought a DFEH claim alleging sexual orientation and disability discrimination, harassment and retaliation.  She claimed that the Executive Director continuously asked her about her relationship with her lesbian African American administrative assistant, implying that they were having a romance.  The claimant was placed on administrative leave with an investigation pending.

  • At mediation, the respondent organization paid the claimant nothing ($0) and she resigned her position effective on the date of the mediation.  The parties agreed to a mutual release of all claims.

  • Race Discrimination; Sex Discrimination; Employment Termination
  • Defendant Non-Profit Company
  • Employment
  • Represented a non-profit company in a race and sex discrimination claim arising from employment termination.

  • The case settled favorably for our client.

  • Unruh Act Violations
  • San Mateo County Superior Court
  • Defendant Hospitality Provider
  • EmploymentRetail Industry Services
  • Represented a Four Points by Sheraton Hotel and Suites property in South San Francisco. After his stay, a wheel chair bound disabled person sued the hotel for 19 Unruh Act Violations, treble damages/penalties and attorney fees, claiming denial of full and equal access to the facilities.

     

  • The case settled for $8,000 plus an agreed remediation plan, which was about half of the original demand.

  • Sexual Harassment; Hostile Work Environment; Gender Discrimination
  • USDC: Central District of California
  • Defendant International Wallcovering Company
  • EmploymentInternationalRetail Industry Services
  • Represented the defendant, an international wallcovering company, in an action alleging sexual harassment, hostile work environment and gender discrimination.

     

  • The matter was resolved in a successful settlement.

  • Sexual Harassment; Hostile Work Environment
  • Santa Clara County Superior Court
  • Defendant National Hotel Chain
  • EmploymentRetail Industry Services
  • Represented the defendant, a national hotel chain, in a sexual harassment and hostile work environment action with alleged supervisor liability.

     

  • The case was resolved in a successful settlement.

  • Race Discrimination; Sex Discrimination; Age Discrimination; Disability Discrimination; FEHA
  • San Mateo County Superior Court
  • Defendant National Hotel Chain
  • EmploymentRetail Industry ServicesRetail Industry Services
  • Represented a national hotel chain in a Superior Court action wherein the plaintiff alleged race, age, sex and disability discrimination (FEHA) arising from the plaintiff’s termination.


     

  • Successfully settled for our client.

  • Gender Discrimination; Wrongful Termination
  • USDC: District of Arizona
  • Defendant Hotel Management Company
  • EmploymentRetail Industry Services
  • Represented the defendant, a hotel management company, in a gender discrimination and wrongful termination case.

  • The case settled with summary judgment pending.

     

  • FEHA; Labor Commission; Wrongful Termination; Race Discrimination; Unpaid Vacation
  • San Mateo County Superior Court
  • Defendant National Hotel Chain
  • EmploymentRetail Industry Services
  • Represented a national hotel chain in a FEHA and Labor Commission and Department of Industrial Relations claim for wrongful termination based on race discrimination and unpaid vacation pay and overtime wages.


     

  • The matter settled, a favorable result for our client.

  • Wrongful Termination
  • USDC: District of Arizona
  • Defendant Resort Hotel
  • EmploymentRetail Industry Services
  • Represented our client, a resort hotel, in a wrongful termination action in violation of public policy alleged by a food and beverage director employee of the hotel.

     

  • The matter was resolved and dismissed.

  • Wrongful Termination; Election Code
  • Los Angeles County Superior Court
  • Defendant National Hotel Chain
  • EmploymentRetail Industry Services
  • Represented a Los Angeles airport hotel, which was part of a national hotel chain, in an action involving wrongful termination in violation of public policy alleged in the context of Election Code violations, and a Petition for Referendum to repeal a local ordinance pertaining to hotel transient occupancy taxes.

  • After an eleven day deposition of the plaintiff, the case resolved for a nominal amount.

  • Product Liability; Breach of Warranty; Breach of Contract; Unfair Competition
  • Santa Clara County Superior Court
  • Defendant Manufactured Homes Dealer
  • Product LiabilityRetail Industry ServicesUnfair Competition
  • Represented a manufactured homes dealer in 30+ cases involving claims for product liability, breach of warranty, breach of contract and unfair competition.

     

  • The two cases led to a jury verdict and judgments in favor of the client. After the court awarded the client attorney fees in both cases, and the judgments were pursued, the plaintiffs filed bankruptcy and the serial litigation against the client ceased.
     

  • Wrongful Termination; Sexual Assault
  • San Francisco County Superior Court
  • Defendant Car Dealership
  • EmploymentRetail Industry Services
  • Represented a car dealership in a wrongful termination action alleging a violation of public policy. The plaintiff claimed to be a whistleblower.


     

  • The case ended in a successful settlement ten days before trial after a co-employee claimed that the plaintiff sexually assaulted her.

  • Assault; Battery
  • Santa Clara County Superior Court
  • Defendant National Hotel Chain
  • EmploymentRetail Industry Services
  • Represented a national hotel chain wherein a defendant employee demonstrated a fighting move on a co-employee, the plaintiff, and fractured his neck. The plaintiff asserted a claim for assault and battery and respondent superior liability against the employer alleging that it knew the defendant employee had a propensity for violence, and the employer ratified such behavior.

     

  • The plaintiff claimed that the case fell outside the worker’s compensation exclusive remedy (serious and willful allegations eventually were dismissed).

  • Sexual Harassment
  • USDC: Northern District of California
  • Defendant Pharmacology Vigilance Company
  • Employment
  • Defended a Pharmacology vigilance company in a case in which the CFO had an intimate and sexual relationship with a business development subordinate. She sued for sexual harassment.

  • The case resolved the day before the plaintiff's deposition for a nominal amount.

  • Sexual Harassment
  • San Mateo County Superior Court
  • Defendant Hospitality Provider
  • EmploymentRetail Industry Services
  • Represented a national hotel chain in an action brought by two cooks working in South San Francisco alleging sexual harassment by an independent contractor.

  • The case settled before trial to the satisfaction of our client.