Albrecht, et al. v. Rite Aid Corporation, et al., San Diego Superior Court Case No. 729219, before The Honorable J. Richard Haden, a class action seeking overtime wages for Rite Aid managers and assistant managers. Mr. Conger was co-counsel for the class of managers and assistant managers of Rite Aid stores throughout California. There were approximately 3,000 class members. This case resolved favorably in October, 2001 for $25 million.
Argo, et al. v. General Dynamics Corporation, San Diego Superior Court Case No. 687646. In this non-class action, Mr. Conger was co-counsel representing more than 100 plaintiffs whose primary theory was that they were defrauded from participating in the settlement of an overtime lawsuit against the company. This case was tried to a jury for eight weeks in 1997 before The Honorable Vincent Di Figlia, and resulted in 97 verdicts for plaintiffs totaling more than $101 million.
Andrecht, et al. v. San Diego Unified Port District, et al., San Diego Superior Court Case No. GIC746436. This class action resolved favorably for slightly more than $15 million in November, 2001. Mr. Conger was the lead attorney for the class of more than 850 current and former Port District employees, including the San Diego Harbor Police Officers Association.
Corbett, et al. v. San Diego City Employees Retirement System, San Diego Superior Court Case No. 722449, before The Honorable Robert E. May, a class action on behalf of more than 15,000 members of the San Diego City Employees’ Retirement System. Mr. Conger brought the case and acted as lead class counsel, although the City’s four labor unions at that time intervened by stipulation and represented various sub-classes. The case was resolved in May, 2000, for more than $162 million.
Crouch, et al. v. Unites States of America, United States District Court case No. 01-CV-2189 LAB(NLS). Mr. Conger was lead counsel for a class of 352 property owners in the City of El Cajon who were incorrectly placed in a flood plain by FEMA and forced to buy flood insurance they did not need. The primary theory of this case was violation of the Due Process Clause of the Fifth Amendment to the United States Constitution, and although the case was filed several years after FEMA’s error and subsequent correction, it resulted in refunds to property owners who made claims.
Gleason, et al. v. City of San Diego, et al, San Diego Superior Court Case No. GIC 803779. Mr. Conger was lead counsel for a class of 6,330 SDCERS members and in a judgment dated July 26, 2004, obtained increased pension contributions of $109 million from 2005 to 2008, and $535 million in unencumbered City property as collateral to secure the City’s payments to its pension fund through June 30, 2008.
Harman v. General Dynamics Corporation, United States District Court Case No. 95-3788-E(RBB). This case was a Fair Labor Standards Act 16(b) representative suit, a procedure almost identical to a class action. Mr. Conger was lead counsel in this case for 135 plaintiffs, who recovered more that $500,000 in back overtime compensation.
Hines, et al. v. CSK Auto, Inc., San Diego Superior Court Case No. 720346 (Judicial Council Coordination Proceeding No. 4067). This was a class action brought before The Honorable Kevin A. Enright on behalf of Kragen Auto Parts store managers and senior assistant managers which settled in 2001 for more than $11 million. Mr. Conger was co-class counsel for a class of more than 1,500 employees.
Juniper Networks, Inc. v. Tavrow, et al., Santa Clara County Case No. 1-02-CV-808805. At the request of the Palo Alto law firm of Wilson, Sonsini, Goodrich and Rosati, Mr. Conger was associated into the case to prosecute cross-claims on behalf of Juniper Networks alleging fraud and various other business torts. The case resolved just prior to trial for a confidential sum.
King, et al. v. Lorenz, Alhadeff, Cannon & Rose, San Diego Superior Court Case No. 687646, an attorney malpractice class action which resolved for $3.75 million in 1997. Mr. Conger was lead counsel for the class of more than 1,100 employees of General Dynamics Corporation;
Knott v. State of California, et al, Superior Court Case No. 589053. Mr. Conger was one of the attorneys representing Joyce and Sam Knott, the parents of Cara Knott, in a wrongful death case against the State of California arising out of Cara’s murder by highway patrolman Craig Peyer. Ultimately, the family recovered more than $2.7 million from the State of California for the criminal conduct of one of its highway patrol officers, now in prison.
Reznack, et al. v. City of San Diego, United States District Court Case No. 01CV1075 L(CGA). Mr. Conger was lead class counsel for a class of more than 9,200 people seeking repayment of money wrongful withheld by the City of San Diego for overpaid parking tickets. United States District Judge M. James Lorenz approved the settlement of this class action in late 2002.
Stapel, et al. v. San Diego County Employees Retirement Association, San Diego Superior Court Case No. 722450 (Judicial Council Coordination Proceeding No. 4049), a class action on behalf of more than 27,000 members of the San Diego County Employees Retirement Association. This case was coordinated with 16 cases pending in other counties in California and assigned to Judge Pollack in San Francisco and resolved favorably, after motions for summary adjudication/judgment, on February 14, 2002, for a total settlement in excess of $1 billion.
Wood v. Hanson, Bridgett, et al., San Diego Superior Court Case No. 830558. Mr. Conger was class counsel for a class of the beneficiaries of an employee pension plan (SDCERS) which alleged that fiduciary counsel for the pension plan committed malpractice by advising the plan that entering into an underfunding agreement with the City of San Diego was consistent with the trustees fiduciary duty. The case resolved for fiduciary counsel’s insurance policy limits ($15.5 million) after it was established that the defendants lacked financial resources to satisfy a judgment which would justify any further exhaustion of their self-burning malpractice policies.
Wood v. San Diego City Employees Retirement System, San Diego Superior Court Case No. 805928. This was a California Brown Act case brought by Mr. Conger to force the City’s pension plan to (1) allow public comment before consideration of agenda items and (2) provide board materials to the public at public meetings. Both objectives of the litigation were accomplished with a binding agreement by SDCERS to comply with these aspects of the Brown Act in the future.