Philip A. Downey

The Downey Law Firm, LLC

**** ******** **** **

Albuquerque, NM 87104

adyc5n@r.postjobfree.com

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 defense.

Attorney

The Downey Law Firm, LLC

October 2001 to Present

•National wage & hour class action practice, and Pennsylvania PI firm.

•In 2020 settled TBI case for $2.5 million in the USDC E.D. Pa.

•In 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.

•In November 2021, assisted in obtaining preliminary approval on $18.5 wage & hour class actions settlement in the USDC C.D. California.

•In May, 2022 tried a 2 day criminal jury trial to verdict in the Northampton County, Pa C.C.P. Handled case on a pro bono basis.

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.

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 tort because of owning an uninsured motor vehicle.

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

Trial Lawyers University, regional seminars.

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 Jersey & Pennsylvania, USDC NJ, USDC ED Pa, USDC MD Pa, USDC Nebraska, USDC Kansas

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