Bernard Alexander

Saturday, October 30th, 2021 // From 1:30pm to 2:30pm (Case Analysis) // From 2:45 to 5:00 (Case Analysis)

Subject: FEHA failure to accommodate and retaliation verdict: $5.3m compensatory damages ($317,162 economic damages, $5m non - economic damages).

1 hr Case Analysis // 2 hr Case Analysis

Biography

Bernard Alexander of Alexander Morrison+Fehr LLP is a plaintiff employment and civil rights attorney who has tried over sixty cases to verdict, often with 7 and 8 figure awards, including the October 2021 $136.9 million verdicts in Diaz v. Tesla, the largest single-plaintiff race harassment verdict in history. While president of the California employment Lawyer Association, in 2014, Bernard created an annual trial college that has that graduated over 350 attorneys. He is consistently recognized by the Daily Journal as one of the Top 100 attorneys in California, and one of the Top 75 Employment Lawyers in California. He has been recognized as a Super Lawyer since 2009 and was recognized as one of the Top 10 Attorneys in Southern California. He is a member of ABOTA and a Fellow of the College of Labor and Employment and the American College of Trial Lawyers.

Case Analysis Details

"Carter v. Federal Express Corporation (2019)" // "Owen Diaz v. Tesla Inc"

FedEx fired Harold Carter, a Stations Operations Manager, after 25years of dedicated service. Carter had suffered an on-the-job spinal injury and returned to work with restrictions. Carter’s supervisor at the time (Cooper) did not want to deal with accommodating Carter, told him to “stop acting like a pussy,” started setting him up to fail, and began writing him up for false and/or trivial reasons. Carter reported this failure to accommodate and retaliation to FedEx HR, but the investigation could not be completed then because Cooper had now taken a leave of absence of her own. Carter’s new supervisor(Wipf) learned about all of this and was the one that issued the third unfair write-up, which resulted in Carter’s termination under FedEx’s progressive discipline policy. But the HR investigation on the retaliatory nature of the prior two write-ups had not even been completed–instead FedEx closed the HR investigationafterCarter’s termination. Carter was a single father and had dedicated his working life to FedEx.

FedEx Ordered to Pay $5.3 Million After Firing Man for Complaining About On-the-Job Injury

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Bernard Alexander and Larry Organ will discuss their takeaways from their record-breaking $137 million wins against Tesla. This case involves the use of the N-word and other racial slurs and drawings at Tesla’s Fremont, CA factory. Bernard and Larry will talk about how they developed their themes and presented the case within extreme time limits. Bernard will give some parts of opening and closing and Larry will discuss the witness examinations and use of demonstratives. They will also discuss how their trial strategies were developed to undermine defense themes.

1) Develop a Theme that propels punishment and addresses defenses
2) Collapse Defense Opening with Demonstratives
3) Try a complex case in federal court in under 12 hours
4) How to make your plaintiff immune from cross-examination
5) How to prepare for witnesses you have not deposed
6) Sequencing of Evidence to build your case

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