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Retail Industry Services - Representative Experience

  • Issues
  • Venue
  • Client Type
  • Lawyers
  • Full Description
  • Result
  • pedestrian, parking lot, inadequate lighting, accident, brain injury
  • NYS Supreme Court, Rockland County
  • Shopping Center Owner/Retailer
  • Scott W. Bermack
  • Won a defense verdict on behalf of a Rockland County (NY) shopping center owner blamed for a pedestrian knockdown accident in the parking lot.  The pedestrian, who allegedly suffered from a traumatic brain injury in addition to numerous orthopedic injuries, claimed inadequate lighting and traffic control was to blame.  After establishing to the satisfaction of the jury that the accident was entirely the fault of the pedestrian, a defense verdict was returned in favor of our client and the driver of the vehicle. 

  • Defense verdict following two weeks trial.

  • Unruh Act Violations
  • San Mateo County Superior Court
  • Defendant Hospitality Provider
  • David M. McLaughlin
  • 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
  • David M. McLaughlin
  • 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
  • David M. McLaughlin
  • 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
  • David M. McLaughlin
  • 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.

  • Race Discrimination; Sex Discrimination; Age Discrimination; Disability Discrimination; FEHA
  • San Mateo County Superior Court
  • Defendant National Hotel Chain
  • David M. McLaughlin
  • 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
  • David M. McLaughlin
  • 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
  • David M. McLaughlin
  • 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
  • David M. McLaughlin
  • 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
  • David M. McLaughlin
  • 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
  • David M. McLaughlin
  • 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
  • David M. McLaughlin
  • 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
  • David M. McLaughlin
  • 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).

  • wine; tapas; bar; restaurant; franchise; alcohol; lease; real estate
  • Supreme Court New York County
  • Advertising Agency
  • Represented client in connection with the negotiation of a franchise agreement and real estate lease for a wine and tapas bar.

  • Sexual Harassment
  • San Mateo County Superior Court
  • Defendant Hospitality Provider
  • David M. McLaughlin
  • 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.

  • Patent Infringement
  • USDC: Northern District of California
  • Defendant Furniture Reseller
  • Michael J. Ioannou, Lita M. Verrier
  • Represented the defendant, a furniture reseller, in a patent infringement action related to a computer keyboard.

  • A favorable settlement was reached for our client.

  • Trademark Infringement
  • San Luis Obispo County Superior Court
  • Defendant Sporting Goods Store
  • Michael J. Ioannou, Lita M. Verrier
  • Defended a sporting goods store accused of trademark infringement, trade dress violations and unfair competition related to the use of State University logos and marks on articles of clothing.

  • Defeated a preliminary injunction on behalf of our client.