Recently, her clients scored major wins in defeating class certification in the state and federal courts with affirmance on appeal. In a case filed in the Central District of California, simultaneously litigated in international arbitration, she won a permanent injunction for her manufacturing client following another win in the Ninth Circuit which established the precedent that injunctive relief is available in the district court pending and in aid of arbitration. In a contract action in 2015, she won six defense verdicts for her food industry client in a consolidated arbitration in Northern California. Complete summary judgment was awarded to her pharmaceutical company client whose senior executive sued for wrongful termination and fraud. A leading trade secrets litigator, Ms. Melby won summary judgment again on an affirmative cross complaint against a claimed whistleblower executive who took privileged information from his former employer and then sued it on multiple employment-related causes of action. She defeated conditional class certification in a hybrid FLSA class action in the Central District of California. She secured dismissal of an antitrust class action and is currently trial counsel in dual antitrust and breach of the covenant of good faith and fair dealing class actions. She won a race discrimination trial in the Los Angeles Superior Courts and is advisor to other food and beverage industry clients on nationwide labeling litigation.
- Dunlap v. McKesson: Won summary judgment on behalf of McKesson in a suit filed by its former executive
- Kaewsawang v. Sara Lee: Defeated class certification in the trial court and on appeal in a case filed on behalf of independent distributors of fresh baked goods alleging misclassification as independent contractors instead of employees. Secured dismissal of the antitrust class action claiming vertical and horizontal price fixing.
- Medal et al v Earthgrains Distribution LLC: Secured 6 defense verdicts in a Breach of Contract Consolidated Arbitration
- Summary Judgment granted on an affirmative cross complaint for conversion of privileged and confidential information against former whistle blower senior executive alleging wrongful termination, discrimination, and retaliation. Damages on the cross complaint far exceeded potential damage alleged in the complaint by the former executive.
- In a multi plaintiff race discrimination case, dismissal secured at the pleading stage of one client, with prejudice, dismissal of all disparate impact claims with prejudice and dismissal of additional claims filed on behalf of multiple plaintiffs
- Silverman v. Glaxo Smith Kline: Defeated conditional class certification in the Central District of California
- Christopher v. Glaxo Smith Kline: Paul Hastings trial team won summary adjudication in this misclassification class action, which was affirmed on appeal to the Ninth Circuit and thereafter affirmed by the United States Supreme Court in a precedent setting opinion holding that pharmaceutical sales representatives are covered by the administrative exemption and therefore exempt
- Toyo Tire Holding of Americas Inc. v. Continental Tire North America, Inc., et al.: In an international arbitration which was simultaneously litigated in the United States District Court, Ms. Melby led the Paul Hastings team to victory on behalf of a manufacturer in both the Ninth Circuit and in the United States District Court. In a precedent setting published 2010 decision, the Ninth Circuit agreed with Paul Hastings’ client in holding that interim injunctive relief is available in the United States District Court pending and in aid of arbitration (Toyo Tire Holdings of Americas Inc. vs. Continental Tire North America, Inc., et al., USDC Case No. SACV10-52-JVS-(RNBx)). Paul Hastings won injunctive relief over opposition from four national law firms representing three opposing corporate defendants.
- Lead counsel in the successful representation of Fortune 50 companies and senior executive leadership in the litigation, trial, and threatened litigation of whistleblower/retaliation (including Sarbanes Oxley and Dodd Frank), trade secret, Title VII, discrimination, harassment and contract cases. Represented and counseled Fortune 50 boards of directors in the confidential negotiation, prevention, and remediation of threatened litigation by president/CEO, general counsel, and senior executive leadership.
- Defense verdict: race discrimination jury trial
- Defense Verdict : Trial and Re Trial With Award of Attorneys’ Fees: In two c retaliation jury trials Donna Melby won two defense verdicts in two separate jury trials with post trial attorney’s fees awarded to her clients.