Litigation Services

Liebert Cassidy Whitmore attorneys assist our clients in preventing lawsuits through education, training, audits, and advice and counsel. When our clients are sued, we have an effective team of litigators and trial attorneys. Our firm specializes in representing employers and educational institutions in the defense of legal actions; we have a solid reputation as a results-oriented, successful litigation firm. Our attorneys are experts in all phases of litigation in both federal and state courts: pleading, discovery, motion practice, including anti-SLAPP motions and summary judgment motions, mediations, settlement and trial. While we take an aggressive stance in litigation and at trial, our priority always remains the same - achieving the best results for our clients in the most efficient and cost-effective manner possible.

Our particular expertise is the defense of public agencies and educational institutions in actions brought by employees, former employees, applicants, and students alleging employment related claims, constitutional violations, breach of contract and/or torts claims. Typically lawsuits we defend include allegations claiming violations of the California Fair Employment and Housing Act ("FEHA"); Americans with Disabilities Act ("ADA"); Age Discrimination in Employment Act ("ADEA"); Fair Labor Standards Act ("FLSA"); Meyers-Milias-Brown Act ("MMBA"); Family and Medical Care Leave Acts ("FMLA"); wrongful termination; violation of state and/or federal constitutional rights, such as due process, First Amendment Section 1983 claims, defamation claims and privacy claims. We are also experts in the defense of actions brought by students alleging school-related violations such as harassment, discrimination (e.g., Title IX) Unruh civil rights claims, breach of contract and tort claims.

Our attorneys have handled a number of jury trials resulting in defense verdicts, including claims for violation of constitutional rights; disability discrimination; "reverse" discrimination; sex discrimination; sexual harassment; national origin discrimination; age discrimination; race discrimination, intentional infliction of emotional distress and retaliation under both state and federal laws.

We represent our clients in the defense of writs of mandate under both California Code of Civil Procedure section 1085 and section 1094.5. We regularly defend and handle declaratory relief and injunctive relief actions.

We are also experts in appellate work. We have handled appeals in such areas as alleged police liability, civil rights violations, labor relations and employment discrimination. We have many published California appellate court decisions and federal 9th Circuit court of appeals decisions.

We are very proud of our success at the pre-trial stage. We regularly win cases at the initial pleading stage and through summary judgments.

Representative Matters:

  • Lydia Lopez v. County of Stanislaus, Sheriff's Department, and Bill Pooley – five week-long superior court jury trial. The case originally involved seventeen causes of action. After successfully defending most of the claims prior to trial, four causes of action went to the jury: sexual harassment, failure to engage in the interactive process (disability discrimination), failure to engage in the interactive process (disability discrimination) and retaliation. All were found in favor of the County.
  • White v. Antelope Valley College – summary judgment obtaining a complete dismissal in this case which alleged Title VII discrimination (race and gender), age discrimination, retaliation, disparate treatment and disparate impact.
  • Ramirez v. City of Hermosa Beach - eight day jury trial involving a section 1983/First Amendment/retaliation claim brought by a police officer naming the City, the Police Chief and various members of the command staff as individual defendants. The City was dismissed from Plaintiff's First Amendment claim prior to the jury trial. The jury returned with a verdict in favor of the individual Defendants. Specifically, the jury found that the individual Defendants did not retaliate against the officer based upon his First Amendment speech and/or activities as a member of the Hermosa Beach Police Officers Association.

Class Action/Multi-Plaintiff Defense

LCW lawyers have successfully litigated many class action and multi-plaintiff lawsuits. We have particular expertise in complex Fair Labor Standards Act cases. We have obtained pre-certification dismissals and summary judgments, conducted class discovery, and defeated class certifications.

  • Batts et al. v. City of Los Angeles, et al. - LCW successfully defended the City of Los Angeles, the Los Angeles Police Department, Chief William Bratton, and other high-level Police Department command staff in a retaliation action brought by nine police department sergeants who alleged they had suffered adverse emplyoment actions because of their participation in a wage and hour litigation against the City. The alleged adverse actions included disciplinary investigations, relief from duty, suspension, transfer, and denial of promotion. Plaintiffs attempted to bring the matter as a class action, but the Court dismissed the class allegations. Following depositions of each Plaintiff, of Chief Bratton, and some individual defendants, LCW brought nine summary judgment motions, one for each Plaintiff. The Court granted all the motions, resulting in a defense victory on all claims.
  • Maciel v. City of Los Angelesa federal District Court found in favor of the City on all claims after a seven-day bench trial. The Court found that Maciel failed to present credible evidence supporting his assertion that he worked overtime without reporting it, or that management either knew or should have known that he was not following the Department's overtime reporting policy. Finally, the Court found that Maciel was not entitled to overtime compensation for his donning and doffing activities because the time spent on those activities did not exceed the applicable threshold for overtime compensation.

Featured Presentations

Liebert Library Demonstration
July 31, 2014  |  10 AM
LCW has recently launched the Liebert Library - an online collection of trusted legal training and reference materials. Our attorneys have worked tirelessly to create a library of legal resources that covers virtually every labor and employment topic relevant to public employers. The materials include the workbooks, sample forms, policies and checklists.

Representative Matters

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LCW EVENTS AND PRESENTATIONS

To Contact Liebert Cassidy Whitmore:
Los Angeles 310.981.2000 | Fresno 559.256.7800 | San Francisco 415.512.3000 | San Diego 619.481.5900 info@lcwlegal.com
© 2014 Liebert Cassidy Whitmore