in the news

12.7.07

Recent Developments in Employment Law

by James R. Ballard

Two recent cases have further defined the Employer's role in dealing with disabled employees. In Wysinger, the Court confirmed that the duty to provide a reasonable accommodation to a disabled employee is separate and distinct from the employer's duty to engage in a good faith interactive process with the disabled employee to explore accommodations. The duty to engage in the interactive process exists even where there is no reasonable accommodation available and the employer can be held liable for its failure to so engage even where there is no finding of disability discrimination. My memo detailing the case and its application to employers is attached as a pdf document.

Wysinger Memo (.pdf)

In Green, the Supreme Court confirmed that the employee bears the burden of proof to show that he/she could perform a job's essential duties with or without reasonable accommodations. Previous to Green, there had been a split of authority as to whether the burden fell on the employer or the employee. This significantly eases the employer's burden of proof in a disability discrimination case as well as potentially signals a shift towards more rigorous standards in dealing with disability discrimination. My memo detailing the Green case is attached as pdf document as well.

Green Memo (.pdf)

11.5.07

On November 5, 2007, James Ballard received a judgment in excess of $6.3 million on behalf of 75 clients involved in failed land deal in Colorado. Factoring in settlements reached prior to the trial, Mr. Ballard recovered over $8 million for the defrauded clients. The lawsuit, a combination of contract and security claims, was the culmination of over two years of work investigating and prosecuting the claims.

4.18.07

On April 18, 2007, James Ballard successfully defended Neopost, Inc. against two claims of disability discrimination and one claim of failure to accommodate a disability by Plaintiff Anthony Kuchta. The matter was tried to a jury for over three weeks in Alameda County Superior Court. The jury took less than two hours to return defense verdicts on all claims. This is Mr. Ballard's second successful defense of Neopost, Inc. against claims of discrimination.

10.31.06

On October 31, 2006, James Ballard obtained a $5.96 million jury verdict, including an award of $5 million in punitive damages, on behalf of his client Dr. Sara Sukumar. The case, for malicious prosecution, was filed against Defendants Alan Lee and Ponani Sukumar. The case was tried to the jury for over four weeks and resulted in one of the biggest verdicts for malicious prosecution in the history of San Diego County and one of the largest verdicts for the 2006 year.

2.1.07

Dick Semerdjian installed as new chairman of the San Diego International Sports Council

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9.20.06

Dick Semerdjian Nominated The Daily Transcript's Top Influentials

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7.2.06

Dick Semerdjian named one of the San Diego Daily Transcript's Top 10 Attorneys for 2006.

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publications

Construction Law Training Seminar
by Kevin Cauley
Download (.pdf)

Class Counsel Beware; Trial Bar News, Volume 27, No. 7, August/September 2004
Download (.pdf)