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California Case Highlights Risks of Employment Litigation Costs

A recent California appellate decision serves as a cautionary tale for employers grappling with the escalating costs of employment litigation in the state. The case in question, Bronshteyn v. California Department of Consumer Affairs, involved a lawsuit brought by Diana Bronshteyn against her former employer for disability discrimination under the California Fair Employment Housing Act.

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The litigation was marked by the employer’s vigorous defense, including multiple unsuccessful legal maneuvers and a refusal to settle the case. Despite Bronshteyn’s pretrial settlement demand of $600,000 being rejected, the case proceeded to trial, resulting in a substantial jury award exceeding $3.3 million—far surpassing the initial settlement demand.

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Following the trial, Bronshteyn’s counsel sought attorney’s fees amounting to $4.9 million, with the trial court approving hourly rates exceeding $1,000, deemed standard in the Los Angeles legal market. The court emphasized the principle that aggressive defense strategies, while permissible, come with the risk of bearing the full cost of litigation if the plaintiff prevails.

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Legal experts underscore the significance of this case in highlighting the potential financial consequences for employers embroiled in contentious employment disputes. The substantial attorney’s fees awarded in this instance underscore the need for strategic and efficient litigation approaches to mitigate the risk of exorbitant costs.

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Anthony J. Oncidi, a prominent labor and employment law attorney, offers insights into the complexities of such cases, emphasizing the importance of proactive legal counsel and diligent defense strategies. Oncidi’s extensive experience in handling labor relations and employment law matters underscores the need for employers to navigate legal challenges with a comprehensive understanding of the risks involved.

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Similarly, Dixie Morrison, an associate specializing in employment litigation, underscores the importance of prudent legal representation in navigating the nuances of workplace disputes. With a background in labor relations and arbitration, Morrison emphasizes the need for employers to proactively address issues of discrimination, harassment, and contractual disputes to avoid costly legal entanglements.

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The evolving landscape of employment law in California underscores the need for employers to remain vigilant and proactive in addressing workplace issues to mitigate the risk of costly litigation. The case of Bronshteyn v. California Department of Consumer Affairs serves as a stark reminder of the financial implications of protracted legal battles and the importance of strategic legal counsel in navigating complex employment disputes.

As employers continue to face mounting legal challenges in California, the lessons gleaned from cases like Bronshteyn v. California Department of Consumer Affairs underscore the critical need for proactive legal strategies and comprehensive risk management to avoid the pitfalls of excessive fees and protracted litigation.

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