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Two of our partners are now active bloggers. In December, 2006, Bruce Nye started CalBizLit, offering news and perspective on California litigation issues. Recent posts have provided primers on product liability, employment matters, and business litigation.

Barbara Adams recently started blogging at Toxics Defense, and her recent posts have discussed Prempro and the bending of science to meet litigation needs.

bullet Michael Sachs's article "The Homosexual Puzzle: How Courts Deal with Sexual Harassment Claims Brought by Homosexual Plaintiffs" was recently published in American Sexuality. See Michael's article here.
Our firm is proud to act as one of four state-wide liaison counsel in the matter of In re: Lease Documents Cases (Trygar), Los Angeles Superior Court No. BC 236185. We also represent approximately 170 California new car dealerships in the case. Plaintiffs have sued nearly every new car dealership in the State of California, challenging the use of pay-off adjustment forms as violations of the "single document rule" contained in California's Vehicle Leasing Act.
   

The primary legal basis for this suit is California's Unfair Competition Law, Business & Professions Code section 17200. This section was dramatically amended in November 2004 by the voters' enactment of Proposition 64. Under the amendments, Unfair Competition Law cases cannot be brought by plaintiffs who cannot show "injury in fact" and the loss of money or property as a result of the claimed acts of unfair competition. These amendments should eliminate the plaintiff practice of filing suits by plaintiffs against businesses with whom they have never transacted any business. This practice is a key element of the Trygar case.
   

The Court has scheduled a hearing on June 20, 2005 to determine whether the new amendments apply to pending cases, such as the Trygar case, or only to cases filed after the recent election. Bruce Nye of our firm was the primary author of the brief filed on behalf of all defendant dealerships. Click here to view a copy of the brief.
   
In October 2004, our partners Barbara Adams and David Becht obtained a racial discrimination verdict for $1,842,943 against Sybase Corporation in Alameda County Superior Court. The case was Marietta Harvey v. Sybase Corporation. Our client, a senior human resources executive for Sybase and a native of the Philippines, was fired after the company's CEO stated that the department "looked like an airport". She then applied for two new human resources positions with lesser responsibilities and lower salaries than her previous job, but was neither interviewed nor hired for either of the positions. What she did not know, but the jury heard, was that the Vice President of Human Resources had told other employees that she was going to hire "two white males" for the positions, because of the CEO's "airport." remark.

While Sybase posited various reasons for the firing, the jury found race discrimination, and awarded economic, non-economic and punitive damages to our client. Our client's motion asking the court to award attorneys' fees will be heard in November.
   
In September of this year, the California Supreme Court denied review in the matter of Baxter Health Corporation v. Denton, et al. Earlier, the California Court of Appeals for the Third District affirmed our successful trial result in Baxter Healthcare Corporation v. Denton, et al., in which we had helped lead a trial team establishing, under Proposition 65, that DEHP in biomedical devices posed no significant risk of cancer in humans, so that despite the chemical's listing as a carcinogen, no Proposition 65 warning was required. In the recent Court of Appeals decision, the Court held that our client was entitled to prove the "no significant risk" defense in a declaratory relief proceeding, something never accomplished before in California. Bruce Nye of our firm helped lead the trial team, argued this matter at the Court of Appeals and opposed review at the Supreme Court. The Court of Appeals decision is Baxter Healthcare Corporation v. Joan Denton as Director, etc., et al., 15 Cal.Rptr.3d 430 (2004).
   

Adams | Nye | Becht LLP is proud to be featured in this
year's San Francisco Chamber of Commerce International Business Directory.
- To read the profile of our firm in the 2004 directory, click here.
- To read Bruce Nye's article in the directory about California's Unfair Competition Law, Business and Professions Code section 17200, click here.
   

In March 2003, Bruce Nye obtained a $2.51 million verdict in "Anonymous Client" v. Pacific life Insurance Company, a sexual harassment and constructive termination case tried in San Francisco Superior Court. Our client was a life insurance representative whose supervisor subjected her to an ongoing course of surreptitious groping during business meetings. When she complained, she was subjected to an intolerable course of sabotage and retaliation, and was eventually forced out of the company.
  
In October 2002, Bruce Nye was part of a trial team that obtained declaratory judgment that Di(2-ethylhexyl)phthalate, commonly known as "DEHP" posed no significant risk of cancer to humans. In this case of first impression (and one of the only cases ever tried against the State of California under Proposition 65), we demonstrated that the compound did not pose a significant human cancer risk because the particular receptor-mediated gene upregulation does not occur in humans. The case was Baxter Healthcare Corporation v. Joan Denton, Ph.D., et al.
  
Steve Beilock defended an automobile dealer in a bankruptcy court adversary proceeding, facing a claim that the dealer had accepted preference from the bankrupt and owed the bankruptcy trustee a substantial amount of money. He obtained a dismissal of the action in return for a waiver of the costs incurred by ANTB's client.
  

Steve Beilock represented an automobile dealer in a wrongful death suit. Plaintiffs contended our client had negligently serviced the decedent's vehicle, which thereafter experienced an unexplained, sudden acceleration, went out of control and rolled over, killing the decedent, the sole support of his parent. Steve obtained a full dismissal and release for $5,000.
  

 


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