Attorney Profile

Late 1970s: In an Orange County, CA case, Armendariz v. Hood Corporation et al., he secures the then highest recorded settlement for a wrongful death case in California on behalf of a family whose major bread-winner was killed by a wrong-way drunk driver in a head-on collision on CA Interstate Highway 91.

Late 1980s: In Orange County Superior Court CA case, Dello v. Harley Davidson, jury verdict for client in eight week jury trial is approximately $5.8 million with approximately $1 million in economic damages and the remainder in punitive damages in breach of contract, fraud (alleging affirmative misrepresentations and concealment) and misappropriation of trade secret case. The plaintiff was a manufacturer and supplier of after-market exhaust systems who alleged oral agreement promising exclusive supplier contract and fraud aimed at taking his trade secrets, disclosed in confidence, in the manufacture of exhaust pipes for motorcycles directed at secretly disclosing that Intellectual property to other suppliers who would then manufacture the units at a lower cost. After appellate briefing and oral argument, matter settled for confidential amount.

1992: In San Diego Superior Court, PLS Inc. v. Harris Corp., jury verdict for client in the amount of $98.6 million for breach of contract and fraud, of which about $13 million was economic damages and remainder punitive damages. Plaintiff was manufacturer of legal software it alleged defendant, a competitor, contracted to exercise “best efforts” to market, promote and sell through one of its subsidiaries, while all the time intending to “shelve” the software while it intended without disclosing same to sell that very sales division, subsidiary company that it promised would be “rolling out” and selling the software and that, by the time plaintiff discovered the fraud, it was too late to recover, as a results of which the company failed and had to close its doors. The verdict was partially overturned on appeal as to damages, returned to the trial court, and then settled for confidential amount.

Approximately 1997: In Orange County Superior Court, CA case, Garabedian v. LASMSA, after approximately three weeks of trial, his consumer class action anti-trust case involving allegations of price fixing the cellular phone service rates by the two cellular phone service companies in the greater Los Angeles, Orange, Riverside, San Bernardino and Ventura Counties area, prosecuted together with other law firms, settled for an amount valued over $200 million. Case resolved after settled approval affirmed on appeal.

Late 1990s: Alameda County Superior Court, CA case, Alberts v. Southland Corp., his case, prosecuted as a class action together with several other law firms on behalf of all Seven-11 store franchisees, was settled for amount valued approximately in the 10’s of millions of dollars. The case was about allegations of breach of contract, fraud and anti-trust violations, involving rebates, discounts and allowances about which it alleged the franchisor’s predatory business practices. The case resolved in 2001 after the class action settlement approval was affirmed on appeal.

2009 – 2010: Alameda County Superior Court, CA case, Ayaad v. Sprint, one of the coordinated Early Termination Fee (“ETF”) cases filed against multiple cellular service phone carriers. Attorney Ferrigno was a prominent member of the legal team that litigated this case until it was tried, but was not involved in the trial. In the Sprint defendant case, the result included a finding, now final after appeal, that Sprint’s ETF fees were unlawful penalties as opposed to valid liquidated damages under the defendant’s customer service agreements. The consumer client “payor” class was awarded $74 million in restitution of ETS fees; however, after affirming that award, the defendant Sprint’s set-off claims were referred back to the trial court for further proceedings and re-trial, which proceedings are ongoing.