Successful Opposition to Mass Arbitration
After plaintiffs brought a motion to compel a mass arbitration for 48 homes in a construction defect action, Joe Ferrentino, Jessica Daley, and Shaia Araghi prevailed in convincing the court to order the plaintiffs to proceed to arbitration on a single home by home basis. The homeowners will not be able to litigate as one large group and instead will need to bring their actions separately if they choose to do so.
Newmeyer Dillion Defends Lender in Labor & Employment Suit Between Former, Current Executive
Successfully defended a prominent, national lender in a contentious sexual harassment, retaliation and wrongful termination lawsuit brought between a former and current executive. With over one million dollars in lost wages, emotional distress and punitive damages at stake, plus upwards of $400,000 in costs and legal fees, it was a high-stakes and hostile claim within the finance industry, amid the backdrop of the #MeToo movement. We focused our strategy on prevailing at trial, leveraging criminal trial experience during deposition testimony and informal discovery to drive a slashing cross-examination during arbitration. On the first day of arbitration, Michael Studenka's day-long cross-examination of the plaintiff yielded a waiver of costs, walk-away deal that ended 14 months of litigation—a rare outcome.
Setting Precedent for National Homebuilder
After successfully resolving a multi-project construction defect matter for a national residential developer, Newmeyer Dillion took multiple subcontractors to trial to recover defense fees and costs owed to our client as part of the underlying case, setting precedent for our client’s unquestionable right to recovery in the future.