Since opening his own firm in 1997, Barnes, a former deputy district attorney, now almost exclusively represents employees in wage and hour class actions.
After taking three class actions to trial, Barnes said that his willingness to go to trial helps him obtain substantial settlements for clients.
“You have to have the courage to try these cases,” Barnes said. “Most class actions never go to trial but now that my firm has tried three of them, we get different results.”
In a class action filed against Huntington Hospital, Barnes was able to obtain a $32.8 million for his clients, eventually amounting to a $60 million lump sum settlement when the gap case was added. The class consisted of a group of nurses alleging that nurses who worked longer hours were being paid lower hourly rates and that the short-shift differential violated overtime laws. Huntington Memorial Hospital v. Superior Court, Cal.App.4th 893 (Cal. App. 2nd Dist. Aug. 2, 2005).
Remarking on the importance of class certification and policy-driven cases, Barnes said that obtaining class certification is equivalent to going to trial in a single-plaintiff case. He went on to say that if class certification is obtained, oftentimes the exposure ends up becoming too great for companies or defendants, leading most to settle.
“Many of our cases go through class certification,” Barnes said. “I think it’s because our reputation is that we’re not going to settle on the cheap. When a case comes in, if it’s not a case I would try, I won’t take it.”
Barnes recently argued a case in the California Supreme Court that led to the approval of the use of percentage fee awards in class action cases, which in turn, resulted in a preservation of a “common fund” for class members. Laffitte v. Robert Half International Inc., 2016 DJDAR 8287 (Cal. Aug. 11, 2016).
The case became significant for class action attorneys and one of Barnes’ proudest moments as an attorney.
“Arguing in front of the California Supreme Court was always a dream of mine,” Barnes said.
— Blaise Scemama
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390
Send a letter to the editor:
Email: letters@dailyjournal.com