Douglas N. Silverstein

Silverstein has had success at the appellate level securing reversals for his clients that have set important precedents.

Earlier this year, he helped former Bel Air Internet LLC employees achieve an anti-SLAPP ruling in their favor in a case brought by their former employer.

The company accused some ex-employees of intentional interference with contractual relations by advising other staffers to leave the company and pursue employment-related lawsuits against it.

The trial court denied the defendants’ anti-SLAPP motion on the grounds that the employees denied engaging in the conduct alleged, and therefore did not seriously and in good faith contemplate litigation that would trigger application of the anti-SLAPP statute.

The 2nd District Court of Appeal reversed, finding that in instances where employees are falsely alleged to have engaged in protected conduct, and deny it, they are still protected by the anti-SLAPP law. Bel Air Internet LLC v. Morales, B270268 (Cal. App. 2nd Dist. Feb. 26, 2018).

“It is a stern warning to employers who seek to overreach against employees in an effort to intimidate them to not file their own legitimate lawsuits against the employer,” Silverstein said.

In another case, Silverstein helped his client prevail in a rare 9th Circuit decision reversing summary judgment for a union in a case about the breach of duty of fair representation.

The plaintiff, a one-time Community Hospital of San Bernardino employee and union member, agreed to accept a new position as long as her seniority was preserved in the event of a layoff so she could “bump back” to her old position.

After Starla Rollins was laid off, the union refused to honor the bump back provision. The 9th Circuit sided with Rollins in 2016. Rollins v. Community Hospital of San Bernardino, 14-55971 (9th Cir. Oct. 26, 2016).

“This shows a clear path that union members can follow when their union does not adequately represent them,” Silverstein said.

The founding partner at Kesluk, Silverstein & Jacob has also had success at the trial court level, obtaining punitive damages in the last five cases they were in play. He attributed his successes to a team effort.

“One of the things truly unique about our firm is that we are very comfortable in front of a jury and very comfortable in front of an appellate panel of judges,” Silverstein said. “There are very few firms in California like that, especially a small plaintiff’s employment firm like ours.”

— Lyle Moran