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Employment Litigation

Contact: Dr. Robert Trout (robert.trout@litecon.com)

Lit.Econ LLP consultants have testified in many employment cases, and performed economic analyses in hundreds of these cases. Issues have ranged from age, race and sex discrimination involving statistical analysis to show proof of discrimination, to estimating damages for a variety of wrongful termination cases. Our consultants have published many articles in the area of using statistical analysis to analyze discrimination, and to determine the likely remaining job life of an employee. We have developed the Conditional Probability of Employment Model (CPEA) used by some forensic economists to measure remaining job life. A brief list of cases where testimony was provided follows.

Falck v. Tenet Hospitals (Orange Cty 2008) Analyzed overtime rates and payments in a class action case involving alleged underpayment to nurses at multiple Tenet owned hospitals.

Abramo v. Ingram Micro (Orange Cty 2006) Valued stock options held by a terminated employee.

Hendricks v. Blue Sky (San Diego, CA 2002) Testified about the value of certain corporate options in an emploment litigation case

Michael Treadway v. Steven Hiller (JAMS Arbitration 2000) Quantified the value of the 15% interest in an automobile dealership in a breach of fiduciary duty matter.

Hartigan v. Liberty Mutual (Boston, MA) Prepared an economic loss report concerning the probable economic losses of an attorney for an insurance company.

Rodriguez v. Chino Valley School District, (Riverside Cty, 1999) Testified about the economic losses of a district employee who claimed she had suffered from age discrimination.

Jennifer Marilley v. Frisbee Management (Orange Cry, CA 1999) Quantified the profits of the employer in a breach of fiduciary duty matter.

Broussard v. City of San Jose (Santa Clara Cty, 1998). Testified about the economic losses claimed by five fire fighters in a race discrimination case.

McGuire v. Rohr (San Diego Cty, 1997) Testified about losses claimed by a terminated employee of Rohr, Corp.

Taylor v. Rainbow Municipal Water District (San Diego, 1995). Testified about the economic losses claimed by a terminated employee of the Rainbow MWD.

Hancock v. Tiffany (Los Angeles Cty, 1994) Testified about the economic losses sustained by an employee in a breach of contract case, including wrongful termination.

Ishaq v. Nion (Los Angeles Cty 1994). Testified about the economic losses of wrongfully terminated franchisee in a breach of contract case.

Weeks v. Baker & McKenzie (San Francisco, 1994). Testified about the value of a law firm in a sexual harassment and wrongful termination case.

Spring Group v. Jacobs (Maricopa Cty, AZ 1993) Testified about the economic losses resulting from a taking of employees and clients by a former manager of the plaintiff company.

Michael Smits v. Jim Lukens (Los Angeles Cty 1992) Quantified the value of the 10% minority interest of a shareholder in a wrongful termination matter.

Showalter v. General Dynamics (San Diego FDC 1992) Testified about the statistical probability of age discrimination in an employment case alleging age discrimination by General Dynamics.

Bingham v. Rohr (San Diego Cty 1992) Testified about the economic losses of a terminated employee.

Riso/Beren v. Mendix (Los Angeles Cty 1992) Testified about the economic losses of a terminated franchisee.

Church v. Banasch (San Diego Cty 1991). Testified about the economic losses of a terminated employee.

Pollock v. Princess Cruises (Los Angeles 1991). Testified about economic losses claimed by a terminated employee.

Boyle v. Hertz-Penske (Alameda Cty 1989) Testified about the lack of statistical proof of age discrimination, and on economic losses incurred by a terminated employee.

Crusinbery v. Systematics (Fed Dist Ct, Wichita, KA 1988) Prepared a statistical analysis, using a logistic regression model, that supported a claim of age discrimination.

Farr v. Hewlett Packard (Santa Clara 1987). Testified about the economic losses of a terminated employee.

Womack v. San Francisco (San Francisco, 1987). Testified about the economic losses of a city employee claiming wrongful termination.

Behrens v. US Army (FDC San Jose 1987) Testified about discrimination in promotions and loss of salary.

Antman v. Taylor Made (Santa Cruz Cty 1985). Testified about the economic losses of a wrongfully terminated employee.

Dawson v. United Airlines (San Francisco 1985) Testified about discrimination in promotions for older employees in certain job classifications for United Airlines.

Stache v. Bricklayers Union (FDC Los Angeles 1985) Testified about discrimination in promotions and salaries in a gender discrimination case.

Curry v. Prudential (Contra Costa Cty 1984) Testified about the effect of a termination of an employee on her earnings capacity in a wrongful termination case.

Pellacore v. Safeway (Contra Costa Cty 1984). Testified about the economic losses of a terminated employee.

Courville v. Oceanroutes (Santa Clara Cty 1984) Testified on the business reasons, including a decline in the overall market for the firm's services, for terminating an employee in a wrongful termination case.

Napoli v. Hewlett Packard (Santa Clara 1984). Testified about the economic losses of a terminated employee.