Significant Cases
Winer & McKenna, LLP has handled
some of the most significant cases in the
Bay Area and California. A number of the
cases have had national implications and
have not only resulted in large verdicts and
settlements for clients, but also have at
times contributed to important changes in
our society. Please
click here to learn about some of these
significant effects in our society.
The fact that the results below are
listed in order of the amount of money
awarded does not mean that the cases with
the largest awards or settlements were the
most significant. Many of the cases that are
included which settled for confidential or
relatively lower monetary amounts were very
significant, not only for the Plaintiff but
for consumers in general. Please
Click here to read more.
The results of the cases below were based
on the facts of the particular case and
results will differ if based on different
facts. Please read the
Disclaimer below before viewing the
information provided here.
- $6,800,000-
4 Young Boys Were Sexually Molested By A
Male Teacher At Their Elementary School.
Plaintiffs were four boys who were
sexually abused by their fourth grade
teacher. The perpetrator-teacher (a
male) taught at the defendant School
District from 1997-1999. During that
time, he molested two of the plaintiffs
who were in his fourth grade class.
The teacher left the school district in
June 1999 and gained employment at
another school district in September. In
January 2000, several boys in his fourth
grade class complained of improper
touching by the teacher.
$5,000,000 –
Bad Faith Termination of Disability
Insurance Benefits to Severely Disabled
Former Dentist
Plaintiff was a former dentist who could
no longer perform his substantial and
material duties due to partial blindness
and loss of sensation in his hands and
fingers. Plaintiff had two disability
insurance policies with defendant
insurer: one that guaranteed a lifetime
of disability benefits should he ever
become disabled from performing the
substantial and material duties of a
dentist; and one that would cover his
business overhead expenses should he
become disabled from performing these
duties.
- $4,461,636.40 --
Judgment in Sexual Harassment Case
Against FedEx
Two employees who alleged that they were
sexually harassed by a co-worker brought
a case against FedEx. The case resulted
in a total verdict of $2,328,000, plus
an award of attorney fees and costs,
raising the total judgment to
$4,461,636.40.
View 2006 Consumer Attorney of the Year
- Awards Finalist
- $3,400,000 -
Two Female Employees to Settle Verbal
Harassment and Intimidation Case Against
National Cosmetics Company
Plaintiffs were 2 female employees. who
worked in the service and delivery
departments of a large cosmetic company.
- $3,279,463.60 --
Judgment In Favor Of Family In Elder
Abuse Case Against Nursing Home
- $2,750,000 --
Ten-Year-Old Girl Raped by 28-Year-Old
Actor at a Theater Company A
ten-year-old girl attended a theater
school on a daily basis after her
elementary school day ended. One day she
was alone in the locker room at the
theater company after a rehearsal when a
28-year-old man, who had just had one of
his scripts turned down by the theater
company, cornered her in the locker
room, took her to a secluded large
closet and brutally raped her, causing
severe psychological damage.
- $2,490,000 --
Three Women Sexually Harassed by
Supervisors at Large Rental Company
- $2,328,000 --
Verdict in Sexual Harassment Case
Against FedEx
WINER, McKENNA & DAVIS represented two
women who were sexually harassed by a
co-worker at the FedEx Sunnyvale,
California station.
- $2,300,000 --
Two Women Who Were Sexually Harassed
While Working at FedEx.
- $2,000,000-
Medical Malpractice Against A Woman
Caused Her to Suffer a Catastrophic
Stroke After Delivering Triplets
Plaintiff was a woman in her late 30’s
whose doctor failed to properly diagnose
her medical condition after she
delivered triplets. Due to the failure
to diagnose, she suffered a catastrophic
stroke resulting in partial paralysis
and brain damage. This case settled for
the full insurance policy limits
available.
$2,000,000 --
Two Filipino and Two Hispanic Employees
Were Discriminated Against Based on
Race and Nationality Retaliated Against
by a Large Southern California Retail
Company
This case involved two Filipino and two
Hispanic employees 2 males and 2 females
who claimed that their employer first
discriminated against them and then
retaliated against them once the
employees brought claims of
discrimination.
- $2,000,000 -
30-Year-Old Woman Sexually Abused by
Psychologist at Southern California
Outpatient Treatment Facility
Plaintiff was a 30-year-old woman who
was referred to a psychologist due to
her chronic leg pain not responding to
traditional physical treatment
modalities. Defendant was a specialist
in treating patients with physical
disorders.
- $2,000,000 --
Three Women Who Were Sexually Harassed
During Physical Exams by a Company
Doctor Plaintiffs in this case were
three young women who were employees of
defendant hospital. As part of their
yearly physicals, they had to be
examined by a male doctor who was on
staff at the hospital. Plaintiffs
alleged that the doctor sexually
harassed them by inappropriately
touching them during the physical
examinations. They retained Winer,
McKenna and Davis.
- $1,900,000 --
Sexually Harassed/Abused Male Students
Obtain Settlement Against School
- $1,860,000-
Teenage girls sexually abused by their
volleyball coach
2 girls were sexually abused by their
volleyball coach at school and on a
private volleyball team. The volleyball
coach manipulated the young girls into
trusting him and befriending him. He
then got them addicted to drugs and
engaged in sexual relations with them
for an extended period of time.
$1,725,000 -
Employees Settle Race and Gender
Discrimination Case
Plaintiffs were several female employees
who claimed gender discrimination and a
combination of male and female employees
who claimed discrimination based on the
fact that they were Hispanic. They wall
worked for a large transportation
company. Several of the plaintiffs were
truck drivers who alleged that as women
and/or Hispanics they were given
inferior routes and had to perform more
heavy labor than their male
counterparts. Another plaintiff worked
in the front office and claimed that she
was paid substantially less than a male
counterpart who performed the exact same
functions.
- $1,566,000 --
Woman Mis-prescribed Drugs and Sexually
Abused by Her Psychiatrist, Internist
and Priest
- $1,500,000 –
Bad Faith Denial of Disability Insurance
Benefits to Disabled Firefighter
Plaintiff was a former firefighter who
was ordered by his doctor to stop
working in his field due to increasingly
severe heart problems. He had suffered
two myocardial infarctions in one year
and was at risk for developing
congestive heart failure.
- $1,500,000 --
Five Newspaper Boys Molested by Employee
of Newspaper
- $1,450,000 --
Men Bring Disability and Racial
Discrimination Case Against a Large
Machinery Company Plaintiffs were
four men who worked for a large
machinery company. Their positions
within the company varied from sales to
service. They claimed that they were
subjected to a hostile work environment
and were subjected to abuse and
discrimination by a tyrannical manager
of the company.
- $1,423,000 -
Female Patient Wins $1,423,000 in a
Physical and Sexual Abuse Case Against
her Psychotherapist
Plaintiff, a young woman in her early
20s who had a very disturbed childhood,
began treating with a female
psychologist she met at a counseling
center. Over time, the psychologist
inappropriately engaged plaintiff in a
personal, sexual relationship which
culminated in a fight in which the
therapist attacked plaintiff, and then
used her authority to have plaintiff
arrested and criminal charges brought
against her.
- $1,250,000 --
Three Women Bring Gender Discrimination
and Sexual Harassment Case Against
National Company Selling Home Products
- $1,225,000 -
Two Female Prison Guards Alleging Sexual
Harassment by the Warden of Their Prison
Plaintiffs alleged that the warden at a
prison where they worked verbally
sexually harassed them on a frequent
basis. When plaintiffs and another woman
finally complained the investigation
took almost a year to complete, despite
the fact that California law mandates a
prompt and reasonable investigation.
- $1,100,000 --
Seven Waitresses Bring Sexual Harassment
Case Against Restaurant
This case involved seven young women in
their early twenties who were working
part-time as waitresses. Each of the
women claimed to be subjected to varying
degrees of sexual harassment from the
male cooks at the restaurant. They
alleged the cooks would frequently make
catcalls at them, and made crude and
offensive sexual remarks. The women
further claimed these men would touch
them often and without reason on their
hands and arms. Several of the women
alleged the cooks would block their
passage and slam into them with carts of
food. A few of the women stated the
cooks had touched their breasts and
buttocks.
- $1,000,000-
Woman sexually abused as a teenager by
police officers she worked with
This case was brought 25 years after the
sexual abuse occurred under a specific
California statute that opened up the
statute of limitations for 1 year due to
the church sex abuse cases. Plaintiff
was a teenage Explorer Scout at a police
department in Southern California. Two
police officers sexually assaulted and
abused her, causing life long emotional
distress and damages.
- $1,000,000 --
Female Locomotive Engineer sues Employer
for Sex Discrimination, Retaliation and
a Hostile Work Environment.
- $1,000,000 –
Bad Faith Denial of Disability Insurance
Benefits to Schizophrenic Former Artist
Plaintiff was formerly an artist with a
very successful business. He had a
large, very affluent clientele who would
purchase from him regularly. In
approximately 1998, however, Plaintiff
began suffering from debilitating
hallucinations and paranoid delusions,
and had recurrent suicidal ideation. By
1999 Plaintiff was diagnosed with
schizophrenia. At this point he was
admitted to a psychiatric hospital in
Oregon and was taking extremely high
doses of anti-psychotic medications on a
daily basis. He was no longer capable of
taking care of himself or of creating
the art that previously made his career.
- $950,000 --
Fledgling Actress Has 26-Year
Inappropriate Sexual Relationship with
Psychiatrist
- $900,000 -
Young Woman Wins Sex Abuse Case Against
Her Psychotherapist and Assault Case
Against Her Psychotherapist’s Husband
Plaintiff was a woman in her twenties
suffering from Attention Deficit
Disorder. She sought the treatment of a
Northern California psychotherapist. The
female psychotherapist ended up in a
sexual relationship with the plaintiff.
When the psychotherapist’s husband found
out about the sexual relationship he
entered the patient’s house with a gun,
threatening to kill the plaintiff. He
was arrested.
- $800,000 --
Settlement After a Three Week Trial in a
Workplace Sexual Harassment Case
- $800,000 --
Four Boys Molested by Pastor in Rural
Northern California County
- $800,000 -
Elderly Disabled Man Wins Disability
Discrimination Settlement and Elder
Abuse Case Against his Healthcare
Provider
Plaintiff was a wheelchair-bound,
elderly man who alleged that his
healthcare providers failed to
appropriately address his disability,
thus discriminating against him, and
further grossly neglected his care by
failing to attend to his needs, causing
him to become extremely dysfunctional
and unable to care for his needs, thus
becoming completely dependent on his
family.
- $800,000 -
Female Mortgage Company Employee Wins
$800,000 Settlement Based on Verbal
Harassment, an Attempted Kiss and
Retaliation
Plaintiff was a 40 year old employee of
a large national mortgage company. She
claimed that her work environment became
hostile when her supervisor began making
inappropriate comments about her looks.
One day, when her supervisor came back
from a business trip he forced her
against a wall and attempted two times
to kiss her.
- $750,000 –
Bad Faith Termination of Disability
Insurance Benefits to Disabled Former
Nurse
Plaintiff, a San Francisco resident, was
employed as an operating room nurse for
twenty years prior to the onset of
bulging discs in her back that prevented
her from twisting, bending, or lifting
any objects greater than 15 pounds. To
treat her constant back pain Plaintiff
was required to take a variety of
painkilling medications, all of which
had serious side effects that kept her
from being able to focus, remember
details, or think on her feet.
- $750,000 –
Bad Faith Termination of Disability
Insurance Benefits to Former Paralegal
with Traumatic Brain Injury
Plaintiff was a paralegal for nearly
twenty years until he was hit by a car
and rendered unconscious. The result of
this accident was traumatic brain injury
that severely impaired his ability to
reason, to think clearly and quickly,
and to make decisions. This brain damage
and resulting cognitive impairments were
objectively verified by several board
certified neurosurgeons and documented
in MRIs and CT scans.
- Confidential Settlement --
30-Year-Old Laborer Injured at Delivery
to Construction Site
- $750,000 --
45-Year-Old Woman Brings Medical
Negligence and Sexual Abuse Case Against
Psychotherapist and Psychiatric Clinic
- Three Children and Mother Alleged Sexual Abuse by Hypnotherapist
- $750,000 --
22-Year-Old Woman Alleges Sexual Abuse
at Alcoholic Rehab Facility by Owner
Manager and Bank VP
- $550,000 –
Bad Faith Termination of Disability
Insurance Benefits to Former Teacher
with Seizure Disorder
Plaintiff was an elementary school
teacher in Sacramento for fifteen years
who at age 40 developed a seizure
disorder. She required several brain
surgeries that removed entire sections
of her brain. Her disorder, coupled with
the side effects that resulted from the
removal of portions of her brain,
rendered Plaintiff unable to continue in
her teaching position.
- $500,000
Judgment against Pacific Bell for sexual
harassment of a male employee by his
male supervisor
- $500,000 -
African American Employees Win Racial
Discrimination Lawsuit
Plaintiffs were four African American
women who were employed by a health
service provider. They alleged that they
were not treated as well as Caucasian
employees and that the president of the
company made numerous derogatory racial
remarks.
- $500,000 -
Asian Woman Wins Sexual Harassment
Settlement Against Large Computer
Company
Plaintiff was a 35 year old,
foreign-born, married employee of a
large computer company. She claimed that
her supervisor (from the same country as
plaintiff) coerced her into performing
oral sex on him on 3 occasions. After
the third occasion she became so
disgusted that she told her husband
about the harassment and a report was
made to the company.
- $500,000 -
Fifteen Year Old Girl Molested by a
Doctor at a Hospital
Plaintiff was a 15 year old girl who was
recovering from a significant brain
surgery at a hospital. Plaintiff alleged
that a neurosurgeon who was following
her recovery molested her two times.
Plaintiff reported the first molest to
her mother. Her mother reported the
molest to the hospital and asked them to
make sure that it never happened again.
The hospital failed to take appropriate
action and the second molest occurred.
- $500,000 --
Woman Sues National Corporation for
Sexual Harassment by a Division
President
- $500,000 --
Woman's Psychological Condition
Deteriorates as Result of Psychiatrist
Malpractice and Abuse
- $500,000 --
Four Employees of a Funeral Business
Claim Discrimination, Retaliation and
Illegal Practices
- $500,000 --
Kindergartners Allegedly Molested by
Teacher
- $500,000 --
Parking Lot Assault and Rape of Two
- $450,000 --
Woman Brings Sexual Harassment Claim
Against Governmental Entity
- $425,000 -
Three Female and One Male Employee Claim
Sexual Harassment Against Nightclub
Plaintiffs were 3 waitresses and 1
waiter who worked at a medium-sized
nightclub chain. The waitresses alleged
that they were sexually harassed by
inappropriate sexual comments and
come-ons perpetrated by the nightclub
managers. The male employee claimed that
the managers sexually harassed him by
hiring a prostitute to attempt to
sexually seduce him while the managers
secretly watched and made fun of the
employee at his expense.
- $400,000 -
Female Scientist Wins $400,000 in Sexual
Harassment Case Against Her Employer
Plaintiff was a scientist in her late
30s working for a medical research
company. Shortly after she began her
employment one of the executives of the
company pursued a romantic relationship
with plaintiff. Plaintiff consensually
entered into that relationship. However,
once the executive began to be abusive
within the relationship she extricated
herself from the relationship and made
it clear that she was not interested in
any further contact.
- $400,000 --
40-Year-Old Patient and Employee Sues
Doctor for Sexual Harassment
- $400,000 --
Male Employee Alleges Sexual Harassment
Against Store
- $350,000 --
Woman Sexually Harassed by Supervisor at
Bank Where She Worked
- $350,000 -
“Visual” Sexual Harassment Settlement
Against a Large Electronics Company
Plaintiffs were 2 women, 1 supervisor
and 1 administrative assistant, who
worked for a large electronics company.
- $349,218.99 - Justet v. United
Airlines for a disabled worker. (This
case was tried by Emile Davis along with
other counsel).
- $300,000 --
Two Women Sexually Abused by Doctor --
Husband Becomes Angry and Retaliates
- $300,000 --
College Student Sexually Abused by
Counselor Who Undermines Her Religious
Beliefs
- $300,000 --
Woman Raped in Sauna at Her Large
Apartment Complex
- $265,000 --
Woman Wins Settlement in Case Where
Therapist Denies Sexual Misconduct
- $260,000 --
Two Women Sexually Harassed by Executive
of a National Accessory Company
- $250,000 --
Settlement in Favor of Male Hispanic
Racial/National Origin and Sexual
Harassment Victim
- $250,000 --
Two Housekeepers Sue Hotel for Sexual
Harassment by its General Manager
- $250,000 --
Sexual Harassment of Young Woman Clerk
at Large Grocery Chain by Supervisor
- $235,000 -
Female Psychotherapist Sexually Assaults
and Falsely Imprisons a Patient
Plaintiff was a 40 year old Chinese
immigrant. She went to a psychologist
when she became depressed. After a short
period of therapy defendant psychologist
convinced plaintiff to stay in her home,
where defendant inappropriately engaged
plaintiff in a sexual relationship.
After several days, when plaintiff
attempted to leave defendant’s home, she
locked plaintiff in and would not allow
her to leave until plaintiff called the
police. When plaintiff did call the
police, the defendant told the police
that the plaintiff was imagining
everything and that she was mentally
unstable.
- $210,000 --
Racial Discrimination Against National
Educational Testing Company
- $200,000 --
Disability Discrimination Settlement in
Favor of a Young Woman with a Minor
Ankle Injury
- $200,000 --
Two Waitresses Bring Sexual Harassment
Lawsuit Against Restaurant
- $200,000 --
Waitress Sues for Sexual Harassment
- $200,000 -
Two Women Suffer Verbal-Only Sexual
Harassment at a Factory
Plaintiffs were two women who worked in
a male-dominated factory in a fairly
rural area of central California. They
claimed that despite numerous complaints
they were continually subjected to
offensive sexual comments.
- $200,000 -
Sexual Harassment/Invasion of Privacy
Case Against Large Retailer
Plaintiffs were three young employees of
a large retailer. One of the plaintiffs
discovered that the store manager had
placed a hidden camera in the unisex
employee restroom facing the toilet.
This was reported to the police who
arrested the store manager. The store
manager admitted that he did in fact
place the camera in the bathroom, but
took the position that it was not for
any sexual reason, but rather because he
was sure that the employees were
stealing from him and the camera was
placed in the bathroom to catch an
employee during the act of theft.
- $180,000 --
Middle-aged Man Brings Discrimination
Claim Against a National Rental Company
- $175,000 --
African-American Employee of Truck
Leasing Company Claims Sexual Harassment
Plaintiff was an attractive young rental
agent of a truck leasing company. She
alleged that a co-employee sexually
harassed her by continuing to
romantically pursue her when she
indicated that she was not interested.
The employee made frequent sexually
provocative comments to plaintiff. In
addition, plaintiff claimed that she was
discriminated against based on her race.
In particular, the owner of the company
on occasion made derogatory remarks
towards African-Americans, including
plaintiff.
- $174,000 -
Two Women Incur Verbal Sexual Harassment
and Gender Discrimination at Auto
Dealership.
Plaintiffs in this case were two women
in their mid-thirties who were employed
in the business office at a Sacramento
area auto dealership. They alleged that
they were treated unequally compared to
the men at the dealership and that some
of their male co-workers and supervisors
used foul language that was often
directed at them.
- $171,000 -
Young Female Attorney in Medium Sized
Law Firm Successfully Pursues Sexual
Harassment Claim Against Partner
Plaintiff was a young, fairly new
associate attorney in a medium-sized law
firm. As part of her job duties she had
to attend an out-of-state seminar with
her supervising partner.
- $170,000 --
Associate Attorney Sues Law Firm for
Sexual Harassment
Plaintiff was a young associate attorney
in a Central Valley California law firm.
Her law firm litigation group was
required to attend a seminar in Los
Angeles. Plaintiff’s manager insisted
that he utilize plaintiff’s hotel room
while plaintiff was out to write a
speech. Later that night, when plaintiff
got into bed, she discovered a sexually
provocative and scary note written by
her manager.
- $160,000 --
Two Women Who Claimed Retaliation For
Reports of Sexual Harassment at a Large
Fast Food Company.
- $150,000 --
Sexual Harassment Case Filed by Employee
Who Was Forced to Watch Sexually
Explicit
DVD’s With Her Boss in a Company
Apartment
Plaintiff in this case was a woman in
her late 20's who worked for a Bay Area
high-tech firm that had offices in Los
Angeles. The company had an apartment in
Los Angeles for Bay Area employees to
sleep in when they had to visit the Los
Angeles office.
- $150,000 -
Intern for Television Network Sues for
Sexual Harassment
Plaintiff was an intern for a large
cable television network. During the
course of her summer internship, she was
sexually pursued by her manager who she
alleged eventually sexually assaulted
her in a communal shower in a hotel spa.
* The result in the cases above were
based on the facts of the particular case,
and results will differ if based on
different facts. No guarantee, warranty or
prediction is being made regarding any
particular case or injury..
* No inference is
intended regarding the dollar amount of any
Confidential Settlement listed above.
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Oakland Office
1999 Harrison St. Suite 600
Oakland, CA 94612
Telephone: (888) 884-4529
Telephone: (510) 433-1000
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San Francisco, CA 94104
Telephone: (888) 884-4529
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Tel: (888) 884-4529
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