Cases
Experience: Currently h
ling approximately 80 class actions involving claims for discrimination, misclassification, FCRA,
all variety of wage
hour violations, including suitable seating, meal
rest breaks, minimum wage, bag checks, expense reimbursement, uniforms, joint employment, piece rate,
many st
alone PAGA lawsuits. Paul is also managing approximately four dozen active single Plaintiff cases involving alleged harassment, discrimination, retaliation
wrongful termination (among many other claims).
Representative Experience: 2022: Ninth Circuit affirmation of summary judgment for Swift Transportation in a putative class action alleging meal
rest period violations under California law.
2022: Complete dismissal of all claims against gig-economy client
an individual defendant on an anti-SLAPP motion with an award of fees against the plaintiff in a case alleging negligence
asserting a false report to the police, among other claims.
2022: Compelled individual arbitration in a PAGA action in state court for regional fast food chain client
then defeated individual claims in arbitration.
2022: Sheppard Mullin was brought into this case several years into the litigation to argue an industry-wide issue in the Washington State Supreme Court in 2019, which we won. Sheppard Mullin then filed a motion for summary judgment as to each of the remaining causes of action against the certified class. In September 2022, the district court granted summary judgment as to the three highest value claims
held two other low value claims had disputed facts that need to be tried. The Court denied the plaintiff's motion for partial summary judgment. The decision effectively ended the case.
2022: Dismissal of all claims on motion for judgment on the pleadings on behalf of gig-economy client in a case alleging negligence, worker's compensation,
failure to provide safe place of work. In what was a first in California ruling for a gig-economy company, the Court ruled that rideshare companies owed no statutory or common law duty to conduct background checks on passengers as a matter of law.
2022: Prevailed on two motions for summary judgment as to all claims on behalf of gig-economy client in a contentious case involving an assault
battery. All claims were dismissed,
the claimants were ordered to pay a portion of our client's costs.
2021: Appellate affirmation of denial of class certification for construction company client.
2021: Compelled individual arbitration
in doing so obtained dismissal of representative PAGA claims for health care client.
2021: Dismissal of all claims against gig-economy client with respect to a passenger's lawsuit to hold the company vicariously liable for a driver's actions, including alleged claims of negligent hiring, retention, supervision,
training against the company.
2021: Appellate affirmation of trial court order compelling arbitration for electronics company
dismissing class claims.
2021: Prevailed on motion for judgment on the pleadings on behalf of retail client in representative PAGA action alleging misclassification of independent contractors.
2019: Compelled individual arbitration
dismissal of class claims in a putative wage
hour class action in federal court for client Smart & Final Stores,
simultaneously prevailed on demurrer in PAGA representative action in state court brought by same plaintiff.
2019: After three days of planned 10-day arbitration, secured a complete dismissal of all claims without any payment for nationwide healthcare client with respect to former employee's alleged gender discrimination, harassment, retaliation, failure to remedy, wrongful termination,
intentional infliction of emotional distress claims.
2019: Washington State Supreme Court win for employers as to legitimacy of commission
piece rate compensation structures (lead counsel
presented oral argument). This was the first
only win for an employer in the Washington State Supreme Court in years.
2018: Obtained summary judgment in a wage & hour rest break putative class action.
2018: Obtained summary judgment in disability discrimination single Plaintiff lawsuit.
2018: Presented two 9th Circuit oral arguments, including overturning district court regarding proprietary of removal
how to calculate the amount in controversy.
2017: Defeated class certification for client Swift Transportation for wage
hour class action, convincing court to overturn 24-page tentative ruling issued at the hearing.
2017: Compelled individual arbitration of 24,000 person putative class in expansive wage
hour class action for client Smart & Final Stores.
2017: Defeated certification in wage
hour class action for client Swift Transportation alleging rest break violations, convincing court to overturn 36-page tentative ruling issued at the hearing.
2017: Defeated class certification despite facially unlawful policy.
2016: Defeated class certification in a 20,000 plus putative class member wage
hour (multiple causes of action) class action with exposure into the billions of dollars for client Swift Transportation.
2016: Defeated class certification of wage statement class for client Save Mart Supermarkets.
2015: Dismissal with prejudice without any payment for client Brookdale Senior Living with respect to a former employee's age discrimination
wrongful termination suit.
2015: Dismissal for client Cox Communications without paying a cent on Plaintiff's six causes of action including for Wrongful Termination in Violation of Public Policy
Negligent Investigation.
2015: Represented Benchmark Electronics in defeating Plaintiff former employee's claims for wrongful termination
retaliation under Labor Code section 1102.5 without paying a penny.
