Mark Ramljak v. FileNet Corp., Lee Roberts, Ron Ercanbrack, Fred Dillon
Published: Dec. 13, 2001 | Result Date: Aug. 6, 2001 | Filing Date: Jan. 1, 1900 |Case number: BC233021 Verdict – $2,700,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Eric M. Acker
(Morrison & Foerster LLP)
Defendant
Dave Carothers
(ADR Services)
Experts
Plaintiff
Ali I. Saad
(technical)
Defendant
David T. Fractor Ph.D.
(technical)
Facts
The plaintiff, an account executive employed by the defendants alleged he was denied commissions and bonus
payments from multi-million dollar software and maintenance service contract sales for FileNET Corporation
during 1998 and 1999. The total amount of commissions and bonus payments denied to the plaintiff amounted
to $200,000. The plaintiff made various efforts to obtain payment but without success. He then retained
counsel and filed a wage claim with the California Division of Labor Standards Enforcement in January 2000.
In March 2000, his sales territory was drastically reduced. The defendant contended that the plaintiff was
aware that his territory was going to be reduced at least a year earlier.
In May 2000, FileNET hired a private investigator to conduct a surveillance of the plaintiff. Several weeks later
the plaintiff was terminated. The defendant claimed that his termination was based on his association with a
computer network security company, Network Ranger, that allegedly was a conflict of interest.
The plaintiff brought the suit, alleging that he was terminated in retaliation for his wage
claim in which he sought unpaid bonuses and commission payments.
Settlement Discussions
The plaintiff alleged that his total economic damages were $3.5 million.
Damages
The plaintiff alleged that his total economic damages were $3.5 million.
Other Information
The case settled for a confidential amount following the return of the jury verdict on the plaintiffÆs economic damages and prior to the start of the bifurcated punitive damages phase of the trial.
Deliberation
three days
Poll
Jury was unanimous that FileNet failed to pay plaintiff earned bonuses and commissions and wrongfully terminated plaintiff when he filed a wage claim with the California Division of Labor Standards Enforcement
Length
16 days
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