SAN DIEGO (Legal Newsline) – Attorneys for Big Lots can continue fighting lawsuits after a scuffle with plaintiffs lawyers over whether they could also represent witnesses in the case.
Justice William Dato wrote the Nov. 20 opinion for California’s Fourth Appellate District, overruling a trial court ruling that withdrew the pro hac vice admittance for Ohio lawyers representing the company in California.
The litigation against Big Lots says it misclassified workers as managers in order to avoid paying overtime and other benefits.
Big Lots hired Vorys, Sater, Seymour & Pease, and two Ohio lawyers were granted permission to practice in San Diego Superior Court.
But plaintiffs lawyers were upset those lawyers reached out to witnesses to represent them during their depositions. The plaintiffs lawyers said the pro hac vice admittance order only allowed defense lawyers to represent Big Lots, fighting the application of a third while asking for permission for the other two to be revoked.
“At that point, having clarified the scope of its orders, the trial court could have prohibited additional representation of current and former employee-deponents absent further court order (the more limited remedy that plaintiffs requested),” Justice Dato wrote.
“And it could have set a further hearing to determine whether, in contacting the prospective deponents, the Vorys attorneys engaged in some form of ethical misconduct that would justify other correction action.
“But in advance of such a hearing and appropriately supported findings, the circumstances did not justify barring all further participation by Big Lots’ counsel of choice based on conduct that occurred before the issue was ever presented to the trial court.”