calwages.com

Archive for August 16th, 2010|Daily archive page

Morgan Stanley Wage and Hour Class Action Remanded to San Diego Superior Court for Failure to Show Diversity or Amount in Controversy

In CAFA Jurisdiction, Remand on August 16, 2010 at 11:20 am
Morgan Stanley's office on Times Square
Image via Wikipedia

Judge James Lorenz faced a remand motion in Martinez v. Morgan Stanley & Co., Inc., Civil No. 09cv2937-L(JMA), 2010 WL 3123175 (S.D. Cal. Aug. 9, 2010).  The court remanded, holding that Defendants did not meet their burden of showing that it is more likely than not that the matter in controversy for the class action exceeds $5 million or that Plaintiff’s individual claims exceed $75,000.

Defendants removed this wage and hour class action from state court based on 28 U.S.C. Sections 1332 and 1441, or in the alternative, on the Class Action Fairness Act (“CAFA”), 28 U.S.C. §§ 1332(d) and 1453.  Plaintiff filed a motion to remand arguing that Defendants failed to establish the requisite diversity of citizenship and the jurisdictional amount in controversy. Read the rest of this entry »

Advertisements

New Trial Granted for Arguing to Jury That Future Wages Are Recoverable Even After Resignation

In Trial on August 16, 2010 at 6:00 am

Image by Eric Chan

In an unreported opinion, Wolfson v. Tukatech, Inc., 2010 WL 3170521 (Cal. Ct. App. 2d Dist. Aug. 12, 2010), the Second District Court of Appeal considered whether a new trial was correctly ordered after plaintiff’s attorney argued to the jury about plaintiff’s right to recover for his future wages.  The Court of Appeal affirmed the new trial order because the “record supports the trial court’s finding that Wolfson’s trial counsel committed prejudicial misconduct when arguing to the jury about Wolfson’s right to recover for his future wages”.

The court held that the plaintiff’s attorney misstated the law by “repeatedly argu[ing] unauthorized instructions whose flaws should have been obvious, even after repeated objections to those instructions were sustained”; thus, the court held “that the trial court did not abuse its broad discretion by finding that misconduct occurred.” Read the rest of this entry »