Bruno W. Katz (Partner-San Diego, CA) and John A. Guarino (Of Counsel-San Diego, CA) secured a voluntary dismissal with prejudice in San Diego Superior Court on behalf of a U.S. medical device manufacturer in an employment case alleging discrimination, failure to accommodate, failure to engage in the interactive process, wrongful termination and retaliation. The plaintiff claims our client’s decision to terminate him was based on two impermissible factors: his medical condition/disability and his alleged reporting to his supervisor of his belief that the client fails to comply with FDA and California regulations. Seeking damages for lost earnings, punitive damages and attorney’s fees, the plaintiff maintains our client failed to engage in an interactive process with him about his alleged disabling medical conditions and made no reasonable accommodations for his continued employment. Bruno and John established that the plaintiff was hired by our client for a role almost exclusively connected to one medical device and that he was let go along with other workers connected to the device soon after its discontinuation. Through discovery and an extensive deposition of the plaintiff, the Wilson Elser team significantly attacked plaintiff’s credibility and showed that the his claims had no merit. As such, the plaintiff dismissed the lawsuit with prejudice, with no settlement costs incurred by the client.