Trial Yields Victory in Federal Court for Client Kinetic Systems, Inc.

Fred Shoemaker and Tom Lloyd successfully defended Kinetic Systems, Inc. (“KSI”), a California-based company operating multi-nationally and providing engineering and specialty construction services, in a jury trial concluding in April, 2011, in Idaho Federal District Court.  KSI was sued by a former management employee, who initially asserted that he was entitled to in excess of $1 million under a multi-count complaint seeking damages for defamation and emotional distress, violation of the Fair Labor Standards Act (“FLSA”), breach of contract, and a wage claim under Idaho’s Wage Claim Act.  The case was originally filed in state court by the plaintiff, who maintained a residence in Idaho. After a challenged removal to Federal Court, GBS was successful in obtaining summary judgment against the plaintiff for all but the FLSA claim.  After a five-day trial, the jury returned a unanimous verdict in favor of KSI, under rejecting the FLSA claim by which plaintiff had sought damages in the amount of over $300,000 in special and liquidated damages, prejudgment interest and attorney fees.  (United States District Court, for the District of Idaho, Case No. 1:09-CV-00579-CWD, before the Honorable Candy W. Dale.).