F. ScottPage

Trials and Arbitrations

• Employer Trustees of the United Food & Commercial Workers Unions and Food Employers Benefit Fund v. Union Trustees of the United Food & Commercial Workers Unions and Food Employers Benefit Fund (“Scholarship Fund”) (July 2020) Successful representation of management trustees for Southern California retail grocery store health and welfare benefit plan in a trustee deadlock dispute over whether a particular scholarship fund was available to Plan B participants.  Neutral umpire voted with management trustees after two day hearing and briefing of issue.  (John Kagel, Arbitrator).
• Employer Trustees of the United Food & Commercial Workers Unions and Food Employers Benefit Fund v. Union Trustees of the United Food & Commercial Workers Unions and Food Employers Benefit Fund (“Deffes”) (February, August 2019) Successful representation of management trustees for Southern California retail grocery store health and welfare benefit plan over deadlocked motion concerning retiree health and welfare benefits, specifically whether such were available to a participants who claimed eligibility for them based in part on reciprocity with another jurisdiction.  Employer trustees prevailed, in a complete victory, denying union trustees’ motion. (Joel M. Grossman, Arbitrator).
• Union Trustees of the United Food & Commercial Workers Unions and Food Employers Benefit Fund v. Employer Trustees of the United Food & Commercial Workers Unions and Food Employers Benefit Fund (“Hopkin”) (April 2019) Representation of management trustees for Southern California retail grocery store health and welfare benefit plan over deadlocked motion that if passed would have allowed a large group of employees to collect retiree health and welfare benefits even though they were meant to be excluded from such benefits by the collective bargaining agreement.  Union trustees had argued that language in CBA was not definitive on this issue.  Employer trustees prevailed, in a complete victory, denying union trustees’ motion. (Norman Brand, Arbitrator).
• Board of Trustees of the California Winery Workers’ Pension Trust Fund v. Giumarra Vineyards Corporation, et al. (United States District Court, Eastern District of California) (September 2018).  Represented large table grape grower and contributing employer in bench trial on claim for accelerated ERISA pension plan withdrawal liability due to alleged default on periodic payment.  Achieved complete defense verdict finding of no default.  (Stanley Boone, Judge).
• IHC Health Services v. Intermountain United Food and Commercial Workers and Food Industry Health Fund, (United States District Court, District of Utah) (July 2018).  Successful defense of health and welfare fund against claims by hospital provider seeking payments of benefits over and above amounts provided for by plan.  (Evelyn Furse, Judge).
• Employer Trustees Of The Southern California United Food & Commercial Workers Unions and Food Employers Joint Pension Trust Fund, and Benefit Fund Vs. Union Trustees Of The Southern California United Food & Commercial Workers Unions and Food Employers Joint Pension Trust Fund, and Benefit Fund (February 2015). Representation of management trustees for Southern California retail grocery store pension and welfare and benefit plans over deadlocked motion that would permit a retail grocer to cover its employees under Fund’s Plan B benefit plan via a collective bargaining agreement not previously approved by the trustees.  Complete victory for management trustees, denying union trustees’ motion. (Ira Jaffe, Arbitrator).
• Trustees of the Operating Engineers Trust Funds v. Smith-Emery Company, (United States District Court, Central District of California) (December 2012).  Represented contributing employer in bench trial on claims by four Operating Engineer Trust Funds for ERISA Section 515 and breach of contract claims, based on expansive reading of collective bargaining agreement, seeking to include as covered work on which contributions were due work performed by non-union employees of sister company over a seven year period of time.  (Christina Snyder, Judge).
• Chad Elsner, M.D. v. Southern California Permanente Medical Group (August 2009). AAA arbitration following successful motion to compel arbitration in United States District Court, Southern District of California, representing medical partnership against claims of USERRA discrimination and retaliation by fellow partner in medical practice, resulting in complete defense ruling. (John Adler, Arbitrator)
• Chiboola Malaambo, M.D. v. Southern California Permanente Medical Group (June 2009). Arbitration following successful motion to compel arbitration in Los Angeles County Superior Court, representing medical partnership against claims of breach of partnership agreement, unfair competition, breach of fiduciary duty, resulting in complete defense ruling. (Retired Justice Edward J. Wallin, Arbitrator)
• Rollu Singh Natt, M.D. v. Southern California Permanente Medical Group, et al. (January 2009). Arbitration following successful motion to compel arbitration in Los Angeles County Superior Court, representing medical partnership against claims of discrimination, retaliation, and violation of Business and Professions Code Section 17200, resulting in complete defense ruling. (Retired Justice Edward J. Wallin, Arbitrator)
• Vita v. Southern California Permanente Medical Group (Los Angeles Superior Court, 2002) (jury trial in Los Angeles Superior Court - Central District, and resulting in complete defense verdict against claims of FEHA race discrimination and retaliation (12-0 verdict)).

Published Appellate and Trial Court Decisions

• Jerold Friedman v. Southern California Permanente Group, et al. (California Court of Appeals, 2002) 102 Cal.App.4th 39 (2002) (defense against claim of religious discrimination).
• Truesdell v. Southern California Permanente Medical Group, et al., 151 F. Supp. 2d 1174 (C. D. Cal. 2001) (awarding Rule 11 sanctions against plaintiff’s counsel, for asserting frivolous claims).
• Truesdell v. Southern California Permanente Medical Group, et al., 151 F. Supp. 2d 1161 (C. D. Cal. 2001) (granting motion to dismiss LMRA Section 301 claim against employer involving breach of duty of fair representation claims against a union); affirmed in part and remanded in part for further consideration, 293 F.3d 1146 (9th Cir. 2002).
• Owen and Hutchins v. Kaiser Foundation Health Plan, Inc., 244 F.3d 708 (9th Cir. 2001) (affirmance of summary judgment of race discrimination and race harassment claims brought by two former employees).
• Strother v. Southern California Permanente Medical Group, et al., 79 F.3d 859 (9th Cir. 1996) (partial affirmance of summary judgment on various claims brought by a partner against medical partnership for employment discrimination, violation of civil rights, violation of the California Unruh Act among others).

Unpublished Appellate Decisions

• Bino v. Kaiser Foundation Hospitals (California Court of Appeals, 2009) (affirming summary judgment based on statute of limitations against plaintiff who timely filed DFEH charge but waited until after union decided to not take her concurrently-filed union grievance to arbitration to file civil FEHA complaint, more than one year after right to sue letter issued. No tolling permitted due to union grievance.)
• Imperato v. Southern California Permanente Medical Group (California Court of Appeals, 2007) (successful defense of summary judgment against partner in medical partnership who claimed, among other things, that a mandatory retirement provision constituted actionable age discrimination.)
• Daily v. Kaiser Foundation Hospitals (California Court of Appeals, 2006) (successful defense of lower court order denying attorneys’ fees award to wrongful termination plaintiff.)
• Nakahee v. Kaiser (California Court of Appeals, 2004) (successful defense of summary judgment of FEHA claims.)
• Monserrat Armedilla v. Southern California Permanente Medical Group (California Court of Appeals, 2002)(successful defense against claim of age and sex discrimination.)
• Epstein v. Southern California Permanente Medical Group (Ninth Circuit Court of Appeals, 1998) (successful defense of summary judgment of FEHA claims.)
• Smith v. Kaiser Permanente (California Court of Appeals, 1997) (FEHA claims.)
• Jacobs v. Southern California Permanente Medical Group (California Court of Appeals, 1997) (successful defense of summary judgment of FEHA claims.)