Louis M. Marlin, Esq.

T: 714-939-1300
F: 714-939-8710

Louis M. Marlin, Esq. is a full-time neutral with JAMS who brings significant trial experience in his background as both plaintiff and defense counsel. He specializes in resolving a wide variety of disputes, and is especially adept at handling large, complex cases, including matters involving class action, mass tort, employment, and personal injury issues.

Mr. Marlin works closely with litigants long before the mediation begins, fostering early communication with all sides to determine the largest impediments to settlement. He is rigorous in his follow up and will continue to communicate with the parties if necessary long after the mediation session has ended.

As an arbitrator, Mr. Marlin ensures the process is convenient for the parties while also formal enough so that all sides feel they have had an opportunity to have their position fully presented and considered. He makes scheduling and related deadline decisions in a cooperative manner that assists in lessening the stress normally attached to litigated proceedings, and bases his decisions on a thorough understanding of the facts and application of the law.

A former litigator with more than four decades of experience, Mr. Marlin concentrated primarily on defense work for approximately 28 years before adding the representation of plaintiffs to his practice for the next 15 years. For over 40 years, his practice focused on complex multi-party tort litigation, employment disputes, catastrophic injury cases, complex business disputes and class actions. 

Mr. Marlin was considered among the top class action/complex litigation attorneys in California, and regularly applies that insight and experience to his practice as a neutral in all areas from single plaintiff matters to all types of multi-party litigation.

Representative Matters

  • Appellate
    • Argued numerous appellate matters, including matters before California Supreme Court, various California Courts of Appeal, and United States Court of Appeals for the Ninth Circuit
  • Business/Commercial
    • Mediated dispute over dissolution of medical practice
    • Counsel on matter involving interior designer’s claims for unpaid commissions and wrongful termination
    • Mediated dispute between beverage company and its bottler, and its ingredient supplier, regarding tainted non-carbonated drinks
    • Mediated dispute between general manager of an auto dealership and the owner regarding contractual compensation
    • Dispute regarding outside agents contractual compensation
  • Class Action/Mass Tort/PAGA
    • Complex class action mediations involving a wide variety of industries
    • Employment class action mediations including but not limited to:
      • Wage and hour claims involving failure to properly calculate and pay overtime compensation, failure to provide meal and rest breaks, etc.
      • Claims involving the Private Attorney General Act (PAGA)
      • Class claims involving allegations of improper "rounding" of time punch entries
    • Several mediations regarding the classification of individuals as independent contractors as opposed to employees, including theapplication of new Labor Code § 228.6 provisions
    • Complex tort action against crematorium and approximately 40 mortuaries for mishandling several thousand bodies designated for cremation.  Lead counsel in both trial, appellate, and California Supreme Court proceedings.
    • Served as counsel on multiple consumer class actions involving claims against weight loss company, internet service provider, electronic device retailer, mortgage lender, and major accounting firm
    • Served as lead counsel at trial, appellate, and California Supreme Court in multiple mass tort/class actions regarding claims concerning mishandling of human remains
  • Construction
    • Construction mediation involving builder and drywall sub-contractor over adequacy of sub-contractor’s work
    • Mediated claim involving substantial damage to residence due to water damage.  Claim involved issues of claim of negligence (by plumber), and product liability (by manufacturer of water heater)
  • Discrimination
    • Presided over several arbitrations concerning claims of discrimination in employment, including:
      • claims of racial discrimination
      • gender discrimination
      • disability discrimination
      • age discrimination
      • discrimination involving physical disability
    • In addition, Mr. Marlin has mediated cases involving various discrimination claims
    • Mediated claims involving failure to provide reasonable accommodations
  • Employment
    • Mediated wage and hour class action alleging that warehouse employees were not compensated for time during security checks upon exiting facilities for meals and at end of shifts
    • Mediation over claim that employer improperly rounded time entries of hourly workers
    • Mediator for wage and hour class action filed on behalf of retail employees over non-compliant meal and rest breaks and “off the clock” work
    • Counsel in dozens of wage and hour class actions based on claims such as:
      • Failure to make timely payment of earned bonuses
      • Failure to pay overtime compensation, “off the clock” work, and “show up” time
      • Failure to pay terminating employees for accrued vacation pay
      • Failure to provide legally compliant meal and rest breaks
      • Failure to reimburse for necessary business expenses
      • Misclassification of employees as administrative exempt workers, independent contractors, or managerial exempt workers
    • Counsel for claims involving universities over wrongful termination and failure to grant tenure
    • Mass Layoff Litigation involving claims that employer violated California and federal WARN Acts
    • Mediated claim by Fire Academy applicant who was prohibited from attending the Academy after being accepted due to being diabetic
    • Mediated claims involving numerous allegations of Labor Code violations (overtime, meal and rest breaks, etc.), misclassification as exempt employees, and misclassification of individuals as independent contractors
    • Mediated claims of failure to compensate employees for training time
    • Mediated claims involving wrongful termination (including constructive termination) in violation of public policy
  • Insurance
    • Litigated insurance claim based upon failure to reimburse insured for fire loss based upon claim of arson by an insured
    • Mediated claim for insurance subrogation resulting from severe water damage to residence
  • Intellectual Property
    • Counsel on action for copyright infringement against nationwide clothing manufacturer
  • Personal Injury/Tort
    • Mediated dispute involving rear-end collision between retail company truck and personal vehicle that burst into flames. Matter involved substantial loss of consortium claim and questions concerning validity of sub rosa video of plaintiff.
    • Served as counsel on dozens of personal injury matters ranging from minor injuries to wrongful death
    • Action against student-abroad program for wrongful death of several students in auto accident
    • Catastrophic personal injury action involving manufacturing machinery severing worker’s arm
    • Claim by ballet dancer that he was beaten by staff at state mental institution
    • Claim by high school student that she had sexual relations with teacher and that school, although aware of relationship, took no action to protect her
    • Complex psychological malpractice tort action against group of psychologists operating residential program
    • Numerous cases litigated on behalf of major grocery chain for matters ranging from slip and fall cases to serious motor vehicle accidents causing death
    • Pedestrian’s claim of having been struck by rental truck and rendered paraplegic
    • Personal injury claim concerning design of child’s stroller and its use on escalator
    • Rear-end auto accident resulting in plaintiff’s loss of hearing
    • Several proposed class actions against large university system for mishandling of human remains.  Lead counsel in trial court and appellate court proceedings.
    • Teenager’s sexual assault claim against treating physician
    • Wrongful death claim for family of man hit by speeding fire response vehicle
    • Wrongful death of motorcycle driver
    • Mediated dispute between beverage company and its bottler, and its ingredient supplier, regarding tainted non-carbonated drinks

    • Mediated dispute between general manager of an auto dealership and the owner regarding contractual compensation

    • Dispute regarding outside agents contractual compensation

Honors, Memberships, and Professional Activities

  • Honors
    • Rated as “Super Lawyer" (attorney 2007-2015, mediator 2016-2017)
    • Listed in “Top Attorneys of Southern California” by Los Angeles Magazine, class actions, complex litigation, and mass torts, 2007-2015
    • Listed in “Top Attorneys in Orange County“ by Orange Coast Magazine, 2010-2015
    • Listed as “Top Attorney in Orange County” by the Orange County Register newspaper
    • Listed as National Trial Lawyers’ “Top 100 Lawyer in California,” 2013-2015
    • Listed in Bar Register of Preeminent Lawyers, 1991-2015
    • AV rated over 25 years
  • Memberships
    • Orange County Bar Association
    • Los Angeles County Bar Association
    • Federal Bar Association
    • American Bar Association
    • Association of Business Trial Attorneys
  • Professional Activities
    • Speaker on multiple topics, including:
      • Ethics in Mediation
      • Resolving PAGA Cases in Mediation
      • Ethics and Social Media
      • Elimination of Bias in Mediation
      • Presentation of Wage and Hour case in mediation
  • ADR Profile

Background and Education

  • Founding Partner, Marlin & Saltzman, 1984-2015
  • Law Offices of Louis M. Marlin, 1973-1984
  • Associate, Sonenshine & Armstrong, 1972-1973
  • J.D., University of California, Hastings College of the Law
  • B.A., University of California, Irvine

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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