Mr. Ferlauto is currently representing a wide range of clients (including doctors, lawyers, interior designers, construction companies, patients, employees, insureds, home owners, etc.) in a wide variety of civil litigation.
• Represented Young Lee, the founder of the Pinkberry frozen yogurt chain, in the defense of a civil lawsuit arising out of an alleged assault and battery for which Lee was criminally convicted. Exposure for special, general and punitive damages was significant. However, after mounting a successful defense, the case was settled for a confidential sum -- with confidentiality being requested not by Lee but by Plaintiff's counsel.
• Litigation and trial of a quite title action against Fidelity National Title Company wherein Mr. Ferlauto managed to recover for his client title free and clear to an apartment complex after the client's prior lawyer had allowed the Court to enter a judgment in favor of the title company divesting the client of his interest in the property.
• Litigation and trial preparation for the plaintiff in a truck verses pedestrian accident wherein plaintiff had suffered severe injuries including brain damage. This lawsuit, against a nationally known auto parts company, resulted in a confidential settlement for a very significant amount of money.
• Litigation and trial of an employment dispute for a legal secretary against a large law firm resulting in a $478,000 recovery for the firm's client.
• Litigation and trial of a medical malpractice wrongful death action for a widow against the hospital and negligent doctors resulting in a $625,000 recovery for the firm's client.
• Litigation and appeal concerning the terms of DIRECTV's customer agreement. This lawsuit challenged the enforceability of the arbitration provision located in DIRECTV's customer agreement which prohibited class and representative actions. In Cohen v. DIRECTV (2006) 142 Cal.App.4th 1442, the California Court of Appeals found the arbitration provision was unconscionable and not enforceable. The Court refused to enforce DIRECTV's arbitration provision, permitting the proposed class action to proceed.
• Litigation and negotiation of a settlement of a nationwide class action lawsuit against RALPHS GROCERY COMPANY concerning its defunct Great Escape Promotion. This lawsuit was based on Ralphs' failure to give qualifying customers a free two night hotel stay as promised under the terms of its promotion. This settlement provided a remedy to over 300,000 customers across the State of California, providing class members certificates worth $108 in free groceries for each time they qualified under the promotion. Thus, the settlement had a potential value to consumers in excess of $30,000,000.00.
• Litigation and negotiation of a settlement of a nationwide class action lawsuit against APPLE COMPUTER, INC. concerning its operating system Mac OS X. This lawsuit was based on Apple's failure to adequately support the video graphic acceleration hardware in Apple's Mac G3 computer systems. This settlement provided a remedy to over 80,000 computer users across the country, including a full refund of the purchase price of $129.00 per person. Thus, the settlement had a potential value to consumers in excess of $10,000,000.00.
• Litigation and trial of a Federal copyright lawsuit on behalf of Plaintiff, a video producer. This jury trial resulted in a verdict in favor of the Plaintiff and awarded him injunctive relief and monetary damages.
• Litigation and negotiation of a confidential settlement of a breach of contract and fraud lawsuit for a motion picture director against the producers of the motion picture NATURAL BORN KILLERS.
• Litigation and negotiation of a confidential settlement of a breach of contract, fraud and business tort lawsuit against Frank and SYLVESTER STALLONE on behalf of the producers of the motion picture THE GOOD LIFE.
• Litigation and negotiation of a confidential settlement of a high profile defamation lawsuit against self-proclaimed plastic surgeon to the stars, DR. STEVEN M. HOEFFLIN. In connection with this case, Mr. Ferlauto managed to have the Court's gag order reversed in a published decision by the California Court of Appeal (Hurvitz v. Hoefflin (2000) 84 Cal.App.4th 1232 , 101 Cal.Rptr.2d 558) This case is widely cited in California jurisprudence on the Court's ability to restrict the free speech of litigants.
THE LAW OFFICE OF THOMAS M. FERLAUTO
A PROFESSIONAL LAW CORPORATION
Thomas M. Ferlauto
THOMAS M. FERLAUTO, Esq.
Long Beach, California, July 1, 1966
Admitted to bar:
1991 California State Bar
Also, U.S. District Court, Northern, Southern, Eastern and Central Districts of California; U.S. District Court, District of Arizona.
University of Texas at Austin
B.S., with honors. 1987
University of Texas at Austin School of Law
AAJ American Association For Justice.
Partner, KING & FERLAUTO, LLP ('97-'12)
Associate, FIERSTEIN & STURMAN, LLP
Associate, BOOTH, MITCHELL & STRANGE
State and Federal Litigation and Trials; Consumer Class Action Litigation; Business Litigation; anti-SLAPP (Strategic Lawsuits Against Public Participation); Defamation; Employment Law; Insurance; Real Estate; Intellectual Property; Entertainment.
The Law Office Of Thomas M. Ferlauto • A Professional Law Corporation
25201 Paseo de Alicia, Suite 270 • Irvine, CA 92653
Phone: 949-334-8650 • Facsimile: 949-334-8691
Email: info@lawofficeTMF.com • Web: www.lawofficeTMF.com