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CONFIDENTIAL

Jul. 10, 1999

Employment Law
Age Discrimination
ADEA

Confidential

Settlement –  $285,000

Judge

Peter D. Lichtman

Court

L.A. Superior Central


Attorneys

Plaintiff

Charles Ted Mathews
(Mathews Law Group)


Defendant

Brad W. Seiling
(Manatt, Phelps & Phillips LLP)


Experts

Plaintiff

Theodore Vavoulis
(technical)

Facts

In 1993, the plaintiff, a 61-year-old chief of security, was employed by the defendant, where he had worked for 14 years. He was the oldest managerial employee at the defendant's oil refinery. The plaintiff's performance was always satisfactory. In 1993, the plaintiff was terminated along with 38 other employees and was replaced by a younger employee. The plaintiff claimed that all the senior managers were systematically eliminated and were always replaced by younger less qualified employees.

Settlement Discussions

The plaintiff made a settlement demand of $500,000. The defendants made an offer of $285,000 which was accepted.

Injuries

The plaintiff sustained emotional distress and loss of income and benefits.

Other Information

The settlement was reached approximately five years and five months after the case was filed. A settlement conference was held on March 2, 1999, before Hon. Peter Lichtman, resulting in settlement. The case was originally tried in June 1995. The plaintiff won a jury verdict in the amount of $1.2 million. The Court of Appeal reversed the original judgment on all claims and remanded for a new trial of the contract claim.


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