Porche v. Pilot & Associates

In March 2009, Partner Jeffrey P. Fuchsman and Senior Counsel John J. Manier won a victory for Pilot Catastrophe Services, Inc. in the Ninth Circuit U.S. Court of Appeals in Porche v. Pilot & Associates. The court affirmed the dismissal of the plaintiffs’ lawsuit based on improper venue. The plaintiffs were a husband and wife who both worked as insurance adjusters for Pilot. Their lawsuit claimed that they were wrongfully denied overtime pay in violation of California and federal law. Although both plaintiffs live in Southern California, all of their work was done out of state. Their employment agreements stated that any claims must be brought in state court in Mobile County, Alabama, which is where Pilot is headquartered. The Court found that venue was not proper in the Central District of California because Pilot has insufficient contacts with the district, and because the plaintiffs’ claims did not arise from any activities by Pilot in the district.