Lacagnina v. Comprehend Sys. Inc., 25 Cal. App. 5th 955 (2018) David Lacagnina sued his former employer for fraud, breach of contract, breach of the implied covenant of good faith and fair dealing and “theft of labor by false pretenses” in violation of Cal. Pen. Code §§ 484 and 496. The jury awarded $556,446 in … Continue Reading
United States v. Nosal, 676 F.3d 854 (2012) (en banc) In this criminal proceeding brought under the Computer Fraud and Abuse Act (“CFAA”), the United States government filed a 20-count indictment against David Nosal (a former employee of Korn/Ferry International) and his accomplices (also from Korn/Ferry) as a result of their obtaining information from their … Continue Reading
NewLife Sciences, Inc. v. Weinstock, 197 Cal. App. 4th 676 (2011) NewLife terminated the employment of Ronald Weinstock, the purported inventor of a Therapeutic Magnetic Resonance Device (“TMRD”), which NewLife had purchased approximately one year before the termination. In connection with its purchase of the TMRD, NewLife had obtained a non-compete covenant, which prohibited Weinstock … Continue Reading
U.S. v. Nosal, 642 F.3d 781 (2011) In this criminal proceeding brought under the Computer Fraud and Abuse Act (“CFAA”), the United States government filed a 20-count indictment against David Nosal (a former employee of Korn/Ferry International) and his accomplices (also from Korn/Ferry) as a result of their obtaining information from their employer’s computer system … Continue Reading
Baker v. American Horticulture Supply, Inc., 186 Cal. App. 4th 1059 (2010) Edwin Baker worked as an independent wholesale sales representative for American Horticulture Supply, Inc. (“AHS”). A jury returned verdicts in Baker’s favor on his breach of contract and fraud claims, but the trial court ordered a new trial on the grounds of insufficiency … Continue Reading
Wald v. Truspeed, 184 Cal. App. 4th 378 (2010) Alex Wald, who is in the business of “finding, buying and then selling again used Porsches,” found 11 Porsches for Truspeed (a car dealer), which Truspeed sold without paying Wald the finder’s fee. In response to Wald’s lawsuit against Truspeed alleging breach of contract, unjust enrichment … Continue Reading
Casella v. SouthWest Dealer Services, 157 Cal. App. 4th 1127 (2007) Zachary Casella was employed as a sales representative for SouthWest Dealer Services, which sells its aftermarket auto products to auto dealerships and helps train auto dealership finance and insurance salespeople on how to promote and sell SouthWest’s products. Casella moved from New York to … Continue Reading
Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Dabit, 547 U.S. 547 U.S. 71, 126 S. Ct. 1503 (2006) Shadi Dabit, a former Merrill Lynch broker, filed this class action on behalf of himself and all other former or current brokers who, while employed by Merrill Lynch, owned and continued to own securities. Dabit alleged … Continue Reading
Leegin Creative Leather Prods., Inc. v. Diaz, 131 Cal. App. 4th 1517 (2005) Leegin Creative Leather Products, Inc. filed a civil fraud complaint against one of its employees after it learned that the employee had filed a false workers’ compensation claim against the company. Leegin alleged that it had been damaged by the filing of … Continue Reading
In re Cossu, 410 F.3d 591 (9th Cir. 2005) Jefferson Pilot Securities filed a claim in the bankruptcy proceeding of Claude Cossu, one of its former broker-dealers, who had failed to report his outside business activities to Jefferson Pilot (for which he was an NASD-registered representative). Cossu was aware that under NASD guidelines, he was … Continue Reading
Helmer v. Bingham Toyota Isuzu, 129 Cal. App. 4th 1121 (2005) Kevin Helmer alleged that Bingham Toyota Isuzu and Bob Clark, his former supervisor, fraudulently induced him to leave a prior job based on false promises made to him by Clark. A jury awarded Helmer $450,913 in compensatory damages (for future lost income) and $1.5 … Continue Reading
Mosby v. Liberty Mut. Ins. Co., 110 Cal. App. 4th 995 (2003) Freddie Curtis Mosby and his wife Sheri Mosby sued Freddie’s employer, Best Buy, and Best Buy’s workers’ compensation insurance carrier, Liberty Mutual Insurance Company, for malicious prosecution and loss of consortium after Liberty Mutual reported Mosby to the local district attorney for workers’ … Continue Reading
State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. 408, 123 S. Ct. 1513 (2003) Curtis and Inez Campbell sued their automobile insurance carrier (State Farm) for bad faith, fraud, and intentional infliction of emotional distress after State Farm declined to settle within the $50,000 policy limit a wrongful death and personal injury lawsuit … Continue Reading
Falkowski v. Imation Corp., 309 F.3d 1123 (9th Cir. 2002) This class action litigation arose from a merger in which Imation Corporation, a publicly traded company, acquired Cemax-Icon, a closely held company in the medical information management business. A year after the merger, Imation sold the Cemax subsidiary to Eastman Kodak Company. The plaintiffs are … Continue Reading
Espresso Roma Corp. v. Bank of America, 100 Cal. App. 4th 525 (2002) Espresso Roma Corporation suffered losses of more than $330,000 when its former bookkeeper stole blank company checks, forged signatures and used the checks to pay for personal purchases. The bookkeeper concealed his actions by removing the forged checks from the bank statements … Continue Reading
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