LATEST RESULTS SHORT OF TRIAL
While
trial has proven to be a very successful avenue to victory for our
firm and our clients, it is by no means our only route, nor should
it be. Consider the
following:
We were
appointed special counsel by the United States Bankruptcy Court in a
Chapter 11 reorg of a public company to unwind the rescission of a
reverse merger and sue for monetary damages in excess of $40 million
and continuing. We
maintained an action against the acquiring entity and certain former
officers and directors.
The result:
After we proved at trial that the rescission of the merger
was indeed fraudulently procured, and while an appeal was pending on
other related issues, we reached a decidedly favorable settlement of
the entire action to the considerable benefit of our client’s
shareholders and other creditors--an unqualified success!
We were
retained by an Estate to pursue an action for breach of a
shareholder’s agreement and corporate fraud against a public
internet company and its founder, chairman, CEO and majority owner.
In excess of 10 million shares of the company were at stake.
The result: The
matter proceeded to trial, however during the trial we were able to
reach a very favorable settlement with the defendants, including the
issuance of shares to our clients and the cancellation of other
improperly issued shares, for a total net benefit to shareholders of
approximately $50 million.
We
represented the COO and the Controller of an American subsidiary of
a publicly traded Japanese electronics company who were sued by the
parent company for a litany of alleged corporate transgressions.
We launched a vigorous defense and numerous counterclaims on
behalf of our wrongfully sued clients.
The result:
On the eve of trial the matter was settled with the payment
of no sums by nor on behalf of our clients, and instead our clients
were paid and made almost entirely whole.
Justice prevailed!
We were
retained to represent a development stage internet logistics
outsourcing company and certain of its officers and directors in
their pursuit of certain investors who breached various Subscription
Agreements obligating them to invest significant capital in the
company.
The result:
After marathon litigation the matter was ultimately settled
in our client’s obvious favor for a solid seven-figure sum.
We
represented a textile manufacturer in an action against its
insurance broker for professional negligence occurring during its
procurement of property and casualty coverage for our client.
As a result of such errors and omissions, our client had
sustained a substantial non-covered theft loss.
The result:
Although the matter was aggressively defended by the broker,
we were eventually successful in recovering for our client virtually
all of its losses.
Three
foreign, government-owned banks filed separate lawsuits in
Our client
was the owner and sole beneficiary of a large life insurance policy
which was obtained by him to secure a lease obligation undertaken by
the purchases of a business owned by our client.
When the purchaser of the business died, his estate sued to
establish ownership of the policy, claiming that the policy secured
the purchase of the business, rather than the lease, and that
application of the policy proceeds to the business purchase
obligation would extinguish the purchase obligation, and extinguish
a real property deed of trust securing that purchase obligation.
The result:
After obtaining for our client a release of the bulk of the
policy proceeds that had been frozen by the acts of the purchaser,
we obtained a dismissal, with prejudice, of the petition filed by
the purchaser in probate court, and thereafter successfully demurred
to the complaint subsequently filed by the purchaser in superior
court.
In cases involving primary and excess insurance coverage
Our firm
represented an insurance company in a dispute over coverage for
property damage arising from defective can lids sold to canners of
fruits and vegetables.
After an unsuccessful trial by another firm, our firm was brought in
to file an appeal of the trial court's ruling on issues of coverage
concerning the timing of an occurrence and the trigger of coverage
for property damage under a Comprehensive General Liability policy
of insurance.
The result: The trial
court was reversed on appeal and judgment was entered in our
client's favor in accordance with the appellate court's decision.
Our client was then reimbursed by its insured and another
insurance company for approximately $1 million dollars for defense
and indemnity payments previously advanced in the underlying
litigation.
After a
judgment in excess of $9 million dollars had been entered against a
developer, the developer's insurance carrier retained our firm to
represent it at a series of post-judgment mediations, and, if
necessary, to file a declaratory relief action concerning the many
complex coverage issues involved in the underlying construction
defect claim. Initially,
the mediator and all involved parties demanded our client's policy
limits of $5 million dollars, nothing less would do.
Numerous mediation sessions followed.
The result: We were able to convince the parties and the
mediator that our client's policy was not the target policy
responsible for coverage, but that a previous year's policy was
instead. A settlement
was then reached whereby our client paid less than 10% of the
initial demand.
Plaintiff,
a major furniture manufacturer and retailer, had sued our client, an
international insurance carrier, for declaratory relief and breach
of contract, seeking insurance coverage for numerous environmental
contamination sites throughout the country.
In our opinion, our client had rightfully denied any
coverage. Instead of
sitting back in our easy chairs, we set on a course of conducting
streamline
investigation and
discovery with
dismissal as
our only
destination.
The result: The court
granted our motion for summary judgment, dismissing our client from
the subject litigation.
The
providers of blood to persons with hemophilia were found to have
permitted their blood supply to become tainted with the HIV (AIDS)
virus. Claims and suits
were asserted against the suppliers for contraction of AIDS, and
AIDS related diseases, based on alleged negligence in the
preparation and dissemination of the blood.
Our firm represented an insurance company in disputes over
coverage for the claims asserted against the suppliers.
After conducting certain early, focused, and thus very
meaningful and effective discovery, we were able to negotiate a stay
of the coverage litigation to allow all parties to direct their
efforts towards resolution without otherwise certain continued,
protracted litigation.
The result: We were
able to settle our client out of the coverage disputes with a
substantial reduction off of the total policy limits, and thus
eliminate continuing expenses of the underlying defense as well as
the coverage litigation.
In cases involving premises, auto, and trucker liability
Plaintiff,
an experienced electrician, was in a "cherry-picker" some 35 feet
above ground servicing an electric sign, when he sustained an
electrical shock and fell to the ground.
Plaintiff sustained massive injuries to his legs and to his
head, and incurred in excess of half a million dollars in medical
bills. We represented an
electrician who had worked on the premises on prior occasions.
After conducting thorough and appropriate discovery, and
establishing to our satisfaction the non-negligence of our client,
we filed a Motion
for summary
judgment. The
result:
Plaintiff's counsel agreed to dismiss our client, with prejudice,
while the motion was still pending.
In a
wrongful death action brought by six plaintiffs, which arose out of
a truck vs. pedestrian accident, we represented the driver of the
truck and his employer.
Plaintiffs made a settlement demand of $1 million.
Through formal discovery and through investigation
into the public records of sister states and Indian Nations,
we determined that four of the plaintiffs were not proper heirs of
the decedent, and we thereafter prepared and filed a motion for
summary judgment against them.
The result:
We prevailed on our motion for summary judgment, thus
obtaining dismissals as to four of the six plaintiffs.
We were also able to demonstrate that a government agency was
negligent in its failure to properly maintain certain street lights,
and that such was a substantial factor in the accident.
This resulted in a settlement with the remaining two
plaintiffs for costs of defense.
A charter
bus carrying approximately 45 passengers from
Plaintiff,
a young college coed, was severely brain damaged when her car hit a
truck tire on a local freeway, and then rearended, at high speed,
our client's big rig truck, which had almost hit the same tire and
had then pulled off to the side of the roadway to check for damage.
The impact occurred
before
our
client's
driver
had
placed the appropriate
reflectors as required by
law.
Our client was thus sued.
We made a motion for summary judgment.
The result: Our motion
was denied - but it was an obvious close call for the court.
We were then able to negotiate an extremely favorable
settlement with plaintiff, despite the fact that a prominent
plaintiff's attorney had been substituted in to try the case against
us.
In a
wrongful death action brought by the surviving daughter of a once
famous
In a
wrongful death action brought by the spouse and child of the
decedent (the sole support for the family), arising out of a truck
vs. auto accident in which the truck driver was subsequently
convicted of second degree murder (he was under the influence of
methamphetamines), we represented the trucking company.
In addition to seeking the typical wrongful death damages,
plaintiffs also claimed the right to
punitive damages against the trucking company, based on its alleged
negligent hiring, negligent supervision, and negligent entrustment,
and made a multi-million dollar settlement demand.
While we believed that we
could ultimately defeat the punitive damages claim at trial,
we were aware of certain potentially troubling facts that, if
discovered by plaintiffs, would certainly give them a fighting
chance. We thus
immediately undertook to eliminate the punitive damages claim via
the law and motion route before any formal discovery commenced, and
we also sought early mediation.
The result: Our early law
and motion efforts eliminated the trucking company’s punitive
damages exposure, and the similarly early mediation resulted in a
settlement significantly below not only plaintiffs’ demand but also
what the mediator believed plaintiffs’ “bottom line” to be.
Otherwise significant litigation costs and expenses were also
avoided.
In cases involving construction defects
Plaintiff,
represented by one of the premier plaintiffs' law firms in
In an
express/equitable indemnity action by the developer/general
contractor against our client, the stucco subcontractor, developer
claimed the involved subcontract contained a Type I indemnity
agreement requiring full indemnity and defense under the terms
thereof. We maintained
from the start that the subject agreement was not a Type I,
but rather was a Type II, or perhaps even a Type III indemnity
agreement. As such, we
argued that under the facts and circumstances of this case the
plaintiff had no right to collect against us for much, if any, of
the monies it sought. Through
appropriate pre-trial motions we obtained a ruling that the
indemnity agreement was not a Type I, and, moreover, that the
developer was barred from pursuing any equitable indemnity by virtue
of the existence of the express indemnity agreement.
The result: We
negotiated a very favorable settlement involving no
contribution towards plaintiff's significant costs of defense.
In a case
alleging the negligent construction of a million dollar home, we
represented the general contractor, who was also the framer.
Plaintiff's demand for settlement was $675,000.00. We fought
for, and obtained, a discovery stay and early mediations.
The result: The case
settled for a small fraction of plaintiff's demand and, despite the
lack of any express indemnity agreement by and between our client
and its subcontractors, we received substantial reimbursement of
indemnity monies and defense costs from the involved
subcontractors.
In cases involving libel/slander/defamation
We were
retained to defend a political consultant sued for libel by a City
Councilman following the creation and dissemination of certain
election mailers directed against the councilman.
After confirming to our satisfaction that the mailers were
within the rubric of Constitutionally protected political speech, we
sought dismissal of the case via an anti-SLAPP motion.
The result:
Our motion was granted, the case was dismissed, with
prejudice, and our client was awarded all of his attorneys
fees and costs of suit.
We were
retained to defend a Southern doctor sued for libel by an
We were retained at the last minute to represent of former member of a condominium homeowners’ association board of directors sued for defamation in a verified complaint arising out of her duties as a board member. Before filing a verified answer to the complaint we provided a copy to plaintiff’s counsel for her review, informing her that if she were to immediately dismiss the complaint we would waive costs. Otherwise, we would seek attorneys’ fees and costs. The result: After reviewing our answer plaintiff’s counsel filed a dismissal of the complaint.
We were retained to represent a member of a homeowner’s association sued for defamation by former members of the HOA’s board of directors for her actions in a recall election of certain members of the board. After confirming our client’s actions were within the rubric of Constitutionally-protected political speech, we sought dismissal of the case by an anti-SLAPP motion. The result: Our motion was granted, the case was dismissed, with prejudice, and our client was awarded his attorneys fees and costs of suit.
In cases involving products liability
Several
tenants in a commercial high rise building in
We
represented the manufacturer of a rooftop skylight allegedly
responsible for a three-story fall by three teenaged girls,
resulting in medical specials alone in excess of half a million
dollars. After
establishing that these very serious injuries were caused solely by
the plaintiffs' misuse of the skylight, we prepared and filed a
motion for summary judgment.
The result:
Plaintiffs' counsel agreed to dismiss our client, with
prejudice, while the motion was still pending.
Plaintiff,
a teenaged male, while staring at a "black light" bulb in his room,
sustained a severely lacerated cornea when the bulb exploded.
Plaintiff's injury required three surgeries, and plaintiff
claimed he would need two additional surgeries in the future.
Moreover, it was uncertain if plaintiff would ever regain
sight in one eye.
Plaintiff made a settlement demand of $1 million.
We
represented the
wholesaler of
the light
bulb, who
was the
target defendant
since the manufacturer was a Korean corporation who could not
be located nor served. We were eventually successful in establishing
and arguing
misuse of
the product
by plaintiff
and/or his family.
The result: At
mediation, we were able to settle the claim for $20,000.
Plaintiff
severed his major hand in a piece of industrial machinery.
Our client, an electrical contractor, installed and serviced
this particular piece of equipment.
Plaintiff claimed we did so negligently, causing the machine
to malfunction. Our
defense approach was two tiered.
The first focused on the absence of any breach of any duty of
care owed to the plaintiff; and the second focused on plaintiff's
own conduct in placing his hand into a machine, under a cutting
blade, without first confirming that the machine was in fact off.
We threatened a motion for summary judgment.
The result: The matter
was settled for costs of defense.
Plaintiff
was rendered a complete paraplegic as a result of a farming accident
involving a "fertilizer spreader".
After the accident, the "spreader" was partially disassembled
and repaired by the workers' comp insurer of plaintiff's employer,
before plaintiff had the opportunity to inspect it.
Plaintiff sued the comp
carrier directly for spoliation of evidence.
We were retained to represent the carrier.
We moved for summary judgment, over vehement opposition from
plaintiff's counsel, who argued that the fact that our client had
inspected the "spreader" with knowledge that it had been involved in
an accident imposed a duty to maintain it for the plaintiff's
benefit.
The
result:
Our motion for summary judgment was granted.
In cases involving employment
discrimination, harassment and
wrongful termination
Our firm
was retained to defend a major developer of single-family homes in
an action brought by one of the developer's former employees for
breach of contract and wrongful termination.
Plaintiff claimed well over $250,000.00 in compensatory
damages alone as a result of the alleged wrongful conduct.
We immediately undertook to build an ironclad defense which
we believed would free our client from this litigation long before
trial.
The result:
After deposing plaintiff as well as certain of plaintiff's
alleged supporting witnesses, we were able to obtain a summary
judgment in our client's favor and thus a dismissal of plaintiff's
action in its entirety.
Defense
counsel for a prominent entertainment public relations firm had been
unsuccessful in obtaining insurance coverage for a employment
discrimination/same sex harassment case.
The counsel, a major
Our client,
a grocery store chain, had been sued by a former employee for sexual
harassment and sex discrimination.
The previous counsel had not been able to obtain insurance
coverage for the litigation from any of the store's carriers.
After receiving the insurance carriers' denial and incurring
significant attorney fees in defense of the action, the store
retained our firm to defend it in a declaratory relief action filed
by one of the store's carriers.
The result:
After successfully defending
against
the carrier's summary
judgment motion, our firm, via mediation, negotiated
a settlement
of
both
the
coverage
and
harassment
actions
whereby
the
store's insurance carriers
not only funded the settlement of the harassment action, but also
obtained reimbursement of all attorney fees and defense costs
incurred by the client in the litigation.
Our client,
the parent company of four national, family-style restaurant chains,
was sued by a former manager for sexual harassment, negligent
supervision and negligent retention, including FEHA and Title VII
claims. The former
employee sought significant compensatory and punitive damages, and
at the outset the law and facts did not look favorable for us.
The result:
After certain necessarily thorough investigation and
discovery, including a marathon deposition of the plaintiff wherein
she was impeached on numerous significant points, this potentially
explosive matter properly settled for nuisance value only.