Justin F. Marquez
Justin F. Marquez is a Senior Counsel at Moon & Yang, APC. Mr. Marquez advocates for consumers and employees in class action litigation, whistleblower actions, and individual cases (harassment, discrimination, and wrongful termination). He routinely handles high-stakes class action litigation in California state courts, federal courts, and courts of appeal, including the Ninth Circuit Court of Appeals.
Mr. Marquez has received numerous awards for his work. In 2017 and 2018, Super Lawyers selected him as a “Southern California Rising Star,” meaning that his peers voted him among the top 2.5 percent of class action lawyers under the age of forty. In 2016 and 2017, the National Advocates selected him as a “Top 40 Under 40” attorney. He is also rated 10.0 (“Superb”) by Avvo.com in the areas of employment, wrongful termination, consumer protection, and privacy laws.
Mr. Marquez’s representative cases include:
- Mr. Marquez authored the class certification and expert briefs in ABM Industries Overtime Cases, 19 Cal.App.5th 277 (2017), a wage and hour class action for over 40,000 class members for off-the-clock, meal period, split shift, and reimbursement claims. ABM Industries Overtime Cases is the first published California appellate authority to hold that an employer’s “auto-deduct policy for meal breaks in light of the recordkeeping requirements for California employers is also an issue amenable to classwide resolution.” Notably, the Court of Appeal also held that expert analysis of timekeeping records can also support the predominance requirement for class certification.
- Mr. Marquez briefed, argued, and won Yocupicio v. PAE Group, LLC, 795 F.3d 1057 (9th Cir. 2015), an important decision concerning federal jurisdiction under the Class Action Fairness Act (“CAFA”) holding that non-class claims, such as claims under California’s Private Attorney General Act (“PAGA”), cannot be used to determine CAFA’s amount in controversy requirement. Video of Mr. Marquez’s winning argument can be viewed on YouTube. This case is cited in several leading treatises such as Wright & Miller’s Federal Practice & Procedure, and Newberg on Class Actions. In October 2016, the U.S. Supreme Court denied review of a case that primarily concerned Yocupicio. Elite Supreme Court practitioners from the class action defense bar spearheaded that effort by filing a cert petition and amicus brief supporting review.
- Mr. Marquez was class counsel in cases that recovered over $5 million in lost wages on behalf of workers in 2016, including a $2.35 million settlement for truck drivers, and a $2.5 million settlement for 340 workers that alleged they were misclassified as exempt from overtime pay.
- In the area of high-stakes consumer class actions, Mr. Marquez was part of a team of attorneys that recovered millions on behalf of consumers for fraudulent residential mortgages, as well as millions for investors that were defrauded by a national real estate franchise.
- In the area of false claims (qui tam) litigation, Mr. Marquez represented a whistleblower that reported that his former employer defrauded the State of California by bribing public employees. The case resulted in the arrest, criminal prosecution, and conviction of state employees by the California Attorney General’s Office.
Mr. Marquez was admitted to the California Bar in 2009, and he is also admitted to practice in the Ninth Circuit Court of Appeals and the U.S. District Courts for the Southern, Central, Eastern, and Northern Districts of California. He received his law degree from Notre Dame Law School in 2008, and his undergraduate degree from UCLA in 2004 (magna cum laude, Phi Beta Kappa, and College Honors). As an undergraduate, Mr. Marquez received a scholarship to study abroad at Tokyo University’s AIKOM Program from 2001-2002.
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