VERDICTS & SETTLEMENTS

	www.dailyjournal.com	FRIDAY, JANUARY 4, 2008

EMPLOYMENT LAW BREACH OF CONTRACT Fraud/Wrongful Termination Discrimination
VERDICT: Defense
CASE/NUMBER: Raafat Saade v. D- Link Systems Inc., et al /05CC10674. COURT/DATE: Orange Superior / June 13, 2007. JUDGE: Hon. Geofffrey T. Glass. ATTORNEYS: Plaintiff - Kent Henderson, Glovanni Orantes (Law Offices of Frederico C. Sayre, Santa Ana). Defendant - Robert A. Levinson, Helen M. Kim (Levinson, Arshonsky & Kurtz, LLP, Sherman Oaks). TECHNICAL EXPERTS: Plaintiff - Peter Formuzis, Ph.D., economics, Santa Ana; Alan J. Rubin, original equipment manufacturing industry, Golden, Colo. FACTS: Plaintiff Raafat Saade was an employee of D-Link Systems Inc. from September 2003 through January 2005. The plaintiff alleged that defendants Keith Karisen and Thomas Paterniti, both D- Link employees, made false representations to plaintiff in order to induce him to come work at D-Link. The plaintiff also alleged that he was wrongfully transferred from the sales department under defendant Paterniti and terminated from his technical support position under defendant Brown because of his race, religion (Muslim), ethnicity (Arab), and nationality (Lebanese) and to deprive him of commisions he earned for sales he procured. PLAINTIFFS CONTENTIONS: The plaintiff alleged that he was wrongfully terminated for discriminatory reasons and to deprive him of earned commisions and that D-Link breached a partly written and partly oral agreement to pay him commisions for contracts for which he was the "procuring cause."	DEFENDANTS CONTENTIONS: The defendants denied that plaintiff was made any promises in regards to his employment outside of his written, at-will employment agreement with D-Link. The defendants asserted that plaintiff was transferred from his D-Link sales position for poor performance and then laid-off when it becane evident that plaintiff did not have the expertise to continue in the technical department. The defendants maintained that no discrimination ever occured and that plaintiff never complained to anyone of any discriminatory acts while he was employed at D-Link. DAMAGES: The plaintiff asked for $7 million in damages and presented two expert witnesses as to his damages theories. The defendants did not call any experts and used D-Link's controller to rebut the claims of damages. JURY TRIAL: Length 17 days; Poll, 12-0 on all claims for the defendants (breach of contract, fraud, wrongful termination, discrimination based on race, religion, ethnicity and national orogin); Deliberation, two hours. SETTLEMEN DISCUSSIONS: The plaintiff demanded $3 million at mediation. The defendants made a C.C.P. Section 998 offer for $101,000 shortly before trial, which plaintiff rejected and instead made a C.C.P. Section 998 offer for $1.5 million. RESULT: Defense verdict. OTHER INFORMATION: The defendants' motion to recover attorney fees was denied. The plaintiff's appeal was dismissed due to plaintiff's lack of funds to pay for the record. FILING DATE: Sept. 27, 2005.