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Employment Law
Wrongful Termination
Implied in Fact Contract

Alan Faigin v. Fremont Reorganizing Corporation

Published: Mar. 20, 2010 | Result Date: Feb. 16, 2010 | Filing Date: Jan. 1, 1900 |

Case number: BC405550 Verdict –  $1,347,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Barry D. Kellman

Daniel P. Hoffer
(Venable LLP)

Celeste Brecht
(Jones Day)


Defendant

Stephanie Saito

Barri Lynn Friedland
(Seyfarth Shaw LLP)

David H. Bate
(Young Zinn & Bate LLP)

Linda Van Winkle Deacon


Facts

Plaintiff Alan Faigin worked as general counsel for defendant Fremont Reorganizing Corp. (Fremont), a bank, for 17 years. After Fremont was issued a cease and desist order from the FDIC, Faigin was appointed Interim President and Interim Chief Executive Officer to bring Fremont into compliance with the order. Later, new management took over and terminated Faigin's employment.

Contentions

PLAINTIFF'S CONTENTIONS:
Faigin contended that he and Fremont had an implied in fact contract under which he would not be terminated but for cause. Faigin contended that he was terminated without cause.

DEFENDANT'S CONTENTIONS:
Fremont contended that Faigin did not have a contract with Fremont.

Result

The jury found for Faigin and awarded damages.

Other Information

FILING DATE: Jan. 15, 2009.

Deliberation

two hours

Poll

unanimous

Length

three days


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