Hon. Victor B. Kenton (Ret.) was appointed a Federal Magistrate Judge for the Central District of California in 2001, where he retired July 2015. He is now available as an arbitrator, mediator, private judge and discovery special master. Prior to his judicial service, Judge Kenton was an attorney in both private and public practice, where he tried over 150 civil and criminal bench and jury trials to conclusion. As a Magistrate Judge, he presided over numerous trials and mediated over 500 cases, in areas including intellectual property, ERISA, ADA, IDEA and FAPE (education), civil rights, employment, wage and hour disputes, pharmaceuticals, complex business disputes, class actions, and commercial litigation.
Judge Kenton has a reputation for his ability to engender trust from both attorneys and parties. Attorneys who appeared before Judge Kenton found him to be patient, sharp and effective. One attorney who mediated cases in his court commented that "He understood the complex facts of the case, and was able to distill the important issues and work through them - ultimately leading to resolution." A partner at a law firm said, "Judge Kenton's integrity, humility and sense of humor will make him an exceptional mediator. His experience on the bench and deep understanding of law speaks for itself, as an arbitrator. He will be an excellent choice for any party."
Mediated and settled a federal injunctive class action under "slack fill" statutes.
Complex disability case involving qualification for extended benefits.
Mediated a real estate dispute involving a home health care business, using real estate forms for the sale of the business had asserted material representations in the contract.
Employment termination and emotional distress claims, regarding a high level manager of a startup company
A shareholder dispute in a family owned company involving accounting disputes, interpretation and validity of a buy/sell agreement. Looming court deadlines, prospect of appointment of a provisional director.
ERISA disability case of disabling back pain. Involved intensive review of medical records, and sensitive negotiation with the Plaintiff concerning subjective pain and the application of applicable law on this topic.
Mediated dispute involving ERISA disability and the analysis of the risk of future harm from continued employment.
Wage and Hour
Employment termination cases for 4 related plaintiffs, alleging related claims for discrimination, failure to provide rest, etc. breaks, failure to pay overtime, and other claims.
Wage and hour case, alleging usual claims, focusing on the exempt/non-exempt classification, plus racially based claims, although not alleged under FEHA, but as negligence and negligent supervision, which may not have been cognizable as pled.
Wage Hour Class Action
Employment class action involving issue of classification of truck drivers as independent contractors or employees.
Employment case in which the dispute centered on exempt/non exempt status of former employee. Allegations also made of personal injury damages based on alleged misconduct of employer in the workplace.
ERISA case involving mental disorder, interpretation of policy language concerning extent of coverage.
A patent case involving a design for an exhaust manifold and a com device. The mediation occurred prior to the Markman hearing on one of the designs. Issues of patent validity and infringement.
Copyright and trademark infringement of software. Case settled pre-litigation
Case involving sales of counterfeit merchandise through a fulfillment service. Allegations of copyright and trademark primary and secondary infringement.
Trademark infringement involving infringement of a fanciful mark in a consumer product. Settled as a percentage of statutory damages.
Professional Malpractice Legal
A complex legal malpractice case stemming from a pharmaceutical patent and trademark arbitration. Mediating this case required that I have mastery over the IP
issues in the underlying arbitration and an understanding of the duty of care owed by attorneys in IP matters. Many moving parts led to a 13-hour mediation which resulted in
a mutually requested mediator's proposal that was ultimately accepted by both sides.
Pre-filing putative class action founded on CLRA statute, involving a consumer product alleged to have been misrepresented. Settled the dispute based on class action model for common fund (attorneys fees allocation) or lode star method.