Complex civil litigation, PI, criminal defense.
Resume:
Philip A. Downey
The Downey Law Firm, LLC
Albuquerque, NM 87104
*************@*****.***
www.downeyjustice.com
AGGRESSIVE, INTELLIGENT, SUCCESSFUL ATTORNEY, WITH A NATIONWIDE PRACTICE
Successful, litigation attorney, with an excellent track record in wage & hour class actions, PI, wrongful death, civil RICO and criminal matters, seeking part-time, or full-time employment with firm handling plaintiffs matters and/or criminal matters. ATTORNEY
The Downey Law Firm, LLC
October 2001 to 08-31-2023
National wage & hour class action practice, and Pennsylvania PI firm. Parnall Law
Albuquerque, NM Office
09-01-2023 - 10/24/2024
Litigation Associate
Managed a book of Personal Injury cases for Parnall Law. Achieved excellent results, often, settling cases for higher than previous case valuations established by my predecessors and co-counsel. Received excellent reviews from Parnall clients. Opted to leave to resume my own practice and to branch out of PI law. CURRENT
Philip A. Downey, Esq.
I have my own book of cases consisting of wage & hour class actions (all remaining are pending in Kern County California), high value personal injury cases in NM, NJ and Pa. I have a vast array of experience in civil & criminal litigation. RECENT ACHIEVMENTS
• 2020 settled TBI case for $2.5 million in the USDC E.D. Pa.
• March 2021, after almost ten years of litigation in case defended by Gibson Dunn, obtained final approval of a wage & hour class action settlement of $5.3 million dollars in the USDC E.D. Ca.
• November 2021, assisted in obtaining preliminary approval on $18.5 wage & hour class actions settlement in the USDC C.D. California. 2
• May 2022 tried a 2-day criminal jury trial to verdict in the Northampton County, Pa C.C.P.
• August 2, 2023 successfully argued appeal in California 5th District Court of Appeal, Zepeda, et al v. Wonderful Citrus Packing, LLC, (Case No. F080661)., reversing, in part, the trial court’s denial of class certification and reversing in their entirety the trial court’s orders of summary judgement which had dismissed claims under California 2004 Labor Code Private Attorney General’s Act §2698. Order (non-published) entered on August 9, 2023. To observe 30 minute argument, see,
https://jcc.granicus.com/player/clip/3915?view_id=32&redirect=true&h=aa81818 ba2c0c7d30698e076b4f506ce).
• 2023-2024: Took over management of approximately 300 cases. Quickly moved many dormant cases to settlement. I upped the estimated value on several cases and settled several cases in 2023 for exponentially more than their previously estimated value and for exponentially more than medical bills. In 2024 I continued settling cases for above the value placed on them by predecessors and/or co-counsel, including obtaining offers for punitive damages on cases that co-counsel adamantly felt did not merit punitive damages. Likewise, I valued cases of co counsel, including a slip and fall on icy stairs, for exponentially more than co-counsel and my settlement range was spot on. I also successfully drafted and argued a motion in case against a major New Mexico hospital, establishing that negligent security did not merit review by the medical malpractice board. (The hospital had permitted an involuntarily committed, dangerously in inebriated patient to leave resulting in a severe mva and devastating injuries to my client.) PUBLISHED
Talavera v. Leprino Foods Company, USDC E.D. Ca Case No. 1:15-cv-105-AWI- BAM March 2016
Prevailed on motion for corrective notice, requiring employer to publish notice throughout manufacturing plant, including on in house announcement screens, informing employees that they could cooperate with attorneys for the putative class without fear of being charged with perjury. Pena, et al v. Taylor Farms Pacific USDC Ed Ca 2:13–cv–01282–KJM–AC February 2015
Achieved class certification in hotly contested wage & hour case defended by Gibson Dunn. The case was removed by Gibson from San Joaquin County California Superior Court in June 2013. Thereafter, Gibson moved the court to require immediate certification.
3
Lugo, et al v. Farms Pride, Inc. Pa Superior Court 2009 (PA Super 5, 967 A.2d 963 (2009) January 2009
Made law in Pennsylvania, by establishing as a matter of law, inter alia, that donning and doffing of required PPE is a “work activity” under the Pennsylvania Minimum Wage Act, 43 P.S.§ 333.101 et seq,. Progressive Halcyon Insurance Co. v. Kennedy Superior Court of PA (2006 PA Super 262) September 2006
Filed brief of, amicus curiae, on behalf of Pennsylvania Trial Lawyers Association, to protect full tort status of appellee whom Progressive claimed should be deemed to be limited. Education
Trial Lawyers College
Dubois, WY (regional participant)
Graduate
Rick Friedman's Ethos Seminar - Seattle, WA
November, 2019
Fellow in Trial Advocacy
Temple Academy of Advocacy
Philadelphia, PA
J.D.
DePaul College of Law
May 1996
B.A.
Wittenberg University
June 1989
Skills
• Oral advocacy (motion practice & trials), depositions, research and writing. Appellate advocacy
Languages
• Spanish (near fluent)
Bar Admissions
Admitted to practice in New Mexico, New Jersey & Pennsylvania, USDC NJ, USDC ED Pa, USDC MD Pa, USDC Nebraska, USDC Kansas, USDC NM
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