Kenneth M. Jones

Select representations include:

• An insurance company in a jury trial involving claims of race discrimination and wrongful termination by an African American insurance marketing professional. The plaintiff claimed that just before termination his supervisor sent him a racially derogatory photograph and revoked his authority for handling large accounts. Ken obtained a defense verdict that was published as a national “Case of Note” in a national jury verdicts publication. 
• A county government in litigation against claims by an HR investigator who alleged that the performance standards for her job were unreasonable. The investigator, who was visually impaired and had job-related injuries, accused the county government of disability discrimination under the Fair Employment and Housing Act (FEHA), failure to engage in the interactive process and failure to accommodate based upon her disabilities. Ken obtained a summary judgment for the county and a finding that the lawsuit was frivolous and awarded the county its attorney’s fees.
• A police department supervisor sued by police officers in three successive lawsuits for discrimination, harassment, and retaliation related to the denial of promotions over a 10-year period. Ken, who was lead counsel in two jury trials, obtained summary judgment for the supervisor and successfully defended the appeal. In the first trial, the supervisor prevailed on plaintiffs’ discrimination claims. In the second trial, the plaintiff obtained a modest verdict on the retaliation claim, but Ken obtained a complete reversal on appeal based upon the same arguments originally asserted in the defense motion for judgment notwithstanding the verdict, as well as $70,000-plus cost judgment against the plaintiff.
• An employer against claims brought by a Hispanic male over 40 years old who sued for race and age discrimination, and retaliation, after his position was eliminated during a reduction of the workforce and he was not hired for an open position. Ken obtained summary judgment for the client on all claims.
• A bank sued by the bank manager for race discrimination and retaliation after he was terminated for a violation of the bank’s expense reimbursement policy. The case settled for a nominal amount after the manger’s attorney received a summary judgment motion from the client.
   

• A city government in a case arising from a schoolteacher/minister’s allegations of unlawful arrest and excessive force by police officers. Ken tried the case – which was filed under the federal civil statue (28 USC 1983) allowing for claims when a plaintiff believes a person acting under the state’s authority has violated their constitutional rights – while the city police force was the focus of media scrutiny regarding a videotaped assault of an African American teenager. Ken achieved a jury verdict in the city’s favor.

Select representations include:

• A real estate broker and numerous related business entities in consolidated actions asserting claims for fraud, fraudulent transfers, and violation of the Business & Professions Code, relating to sales of undeveloped desert land. Ken defeated four motions for class certification, and the case settled for a nominal amount on the second day of a two-week bench trial when the trial judge indicated that plaintiff’s fraud claims were unfounded.
• An insurance company suing a former executive and his daughter for embezzlement of over $250,000 through a fraudulent vendor invoicing scheme. Ken obtained an arbitration award in the client’s favor on all claims.
• An automobile manufacturer in a case brought by a police officer for alleged braking system failure. Ken persuaded the court to exclude evidence of a 60 Minutes exposé involving brake failures in the same truck model and proved that excessive speed caused the plaintiff’s accident and injuries, resulting in a verdict for the client.
• An automobile manufacturer who was sued for fire damage to a garage and house of a customer as a result of an alleged defective ignition component in a vehicle parked there. The vehicle had been recalled for defects in the ignition which could cause vehicles to catch fire while the engine was turned off. Kenneth obtained a verdict in the manufacturer’s favor.
• A renowned recording artist and music publisher in a massive copyright infringement case relating to alleged unlawful sampling of works from the music catalogue of George Clinton. Ken obtained dismissal of all counts without payment of any damages or attorney’s fees and assisted in the negotiation of new licenses for the subject sampled works.