Cyr v. Reliance Standard Life Ins. Co.

642 F.3d 1202, 2011 WL 2464440 (9th Cir. 2011)(en banc)

(as co-counsel for Plaintiff-Appellee Laura Cyr, prevailed before an 11-judge panel, who unanimously held that ERISA section 502(a)(1)(B) imposes no categorical limitations upon the universe of proper defendants, held that Defendant-Appellant RSL was a proper party, and explicitly reversed four prior Ninth Circuit decisions to the contrary);

Stanton v. Chung

Alameda County Superior Court Case No. RG-06-283043

(as counsel for Plaintiff in a vehicular negligence lawsuit in which the Defendants' truck struck and injured the Plaintiff, took over first-chair trial duties one month before trial and secured a $1,085.000.00 jury verdict for the Plaintiff, along with a jury finding of 0% comparative fault allocated to the Plaintiff; through motions in limine successfully excluded a purported expert for the defense who had intended to attack the reasonableness of Plaintiff's medical expenses using Ingenix UCR and related databases);

Cyr v. RSL, Cyr v. Reliance Standard Life Ins. Co.

525 F. Supp. 2d 1165 (C.D. Cal., 2007)

(as co-counsel for plaintiff, prevailed on five of five pending motions, and obtained summary judgment on a claim for benefits under ERISA section 502(a)(1)(b); created new law establishing that an insurer can be a de facto plan administrator and a proper party defendant; and successfully introduced extraneous evidence outside the administrative record, while preventing the defendant from doing the same);

Chao v. Dearman

2006 U.S. App. LEXIS 1581, 187 Fed.Appx. 685, 2006 WL 1737179, (Not Selected for publication in the Federal Reporter), Pens. Plan Guide (CCH) P 23996N, C.A.9 (Cal.) Docket No. 04-56136 (9th Cir. June 20, 2006)

(as trial counsel for the Secretary of Labor, previously obtained judgment of fiduciary liability under ERISA against ESOP plan fiduciaries in litigation encompassing complex ERISA, tax, and business valuation issues occasioned by an ESOP termination; judgment affirmed in its entirety by the Ninth Circuit following defendants' appeal);

Blankenbaker, D.C. v. United Healthcare of Arizona, Inc.

Not Reported in F.Supp.2d, 2005 WL 3803145 (D. Ariz. 2005)

(co-counsel for plaintiff defeated insurer-defendant's summary judgment motion on sixteen consolidated cases under ERISA section 502(a)(1)(B) where insurer had denied benefits on the grounds that VAX-D therapy, an FDA approved treatment for back pain, was unproven and experimental);

Yee v. Chao

2005, unpubl. Post-trial decision of the MSPB

(as counsel for the Secretary of Labor, prevailed at trial on claims of whistleblower retaliation under the Whistleblower Protection Act brought by an employee of the Department of Labor);

Yee v. Chao

2005, unpubl. decision of the EEOC

(as counsel for the Secretary of Labor, prevailed on summary judgment, obtaining dismissal of claims of race and sex discrimination and harassment brought by an employee of the Department of Labor);

Chao v. GSI, et al.

2005, unpubl. decision of the U.S. Dist. Court for the Dist. Of Nevada

(as trial counsel for the Secretary of Labor, prevailed on summary judgment against a Las Vegas security firm on contested FLSA overtime claims and contested successorship liability);

Chao v. Dearman, et al.

2004, unpubl. decision of the U.S. Dist. Court for the Central Dist. of California

(as trial counsel for the Secretary of Labor, prevailed in United States District Court against ESOP fiduciaries on complex ERISA fiduciary claims involving valuation of a business and its contingent tax liabilities);

Pacific Micronesia Hotel Corporation v. HERE Local 5

337 NLRB No. 66 (2002)

(as counsel for complaining Union, successfully charged unfair labor practices at the Board level);

California Ironworkers Field Pension Trust, et al. v. Loomis, Sayles & Co.

259 F.3d 1036 (9th Cir. 2001)

(as appellate co-counsel for Plaintiff/Cross-Appellant/Cross-Respondent, defeated Defendant's appeal of trial court finding of fiduciary liability under ERISA);

Laborers v. Delbon

199 F.3d 1109 (9th Cir. 2000)

(as appellate counsel for Plaintiff/Respondent, defeated defendant's appeal for attorneys fees in complex ERISA suit);

Cline v. TIMEC

200 F.3d 1223 (9th Cir. 2000)

(as appellate counsel for Plaintiff/Respondent, defeated defendant's appeal for attorneys fees in complex ERISA suit);

California Ironworkers Field Pension Trust, et al. v. Loomis, Sayles & Co.

1999 WL 1457226 (C.D. Cal. 1999)

(as trial counsel for Plaintiffs, obtained judgment of fiduciary liability under ERISA against investment manager which invested trust assets in inverse floater mortgage derivatives);

Ramirez v. Circuit City Stores, Inc.

90 Cal. Rptr. 2d. 916 (1999) reversed in part by Armendariz v. Foundation Health Psychcare Services, Inc., 24 Cal. 4th 83 (2000)

(as appellate counsel for Plaintiff/Respondent, successfully voided Circuit City's pre-dispute employee arbitration agreement as unconscionable for barring employee class action suits);

McMorgan & Co. v. First California Mortg. Co.

931 F. Supp. 699 (N.D. Cal. 1996)

(as counsel for plaintiff investment manager in complex ERISA fiduciary breach litigation, defeated defendant's efforts to use the joint client exception to the attorney client privilege doctrine to compel production of documents);

McMorgan & Co. v. First California Mortg. Co.

916 F. Supp. 966 (N.D.Cal. 1995)

(as counsel for plaintiff investment manager, in complex ERISA fiduciary breach litigation, defeated defendant mortgage services company's motion to dismiss for lack of fiduciary status);