Kasey J. Curtis

Kasey is a member of Reed Smith’s Global Commercial Disputes and Appellate Groups. He has experience representing a diverse range of clients in a variety of complex matters at both the trial court and appellate levels.

Experience

Representative matters

JC Hospitality v. Slate The Voice, LP (Nevada District Court): Represented ownership group in connection with litigation arising from acquisition of Las Vegas hotel and casino and failed construction of a 750-seat venue by one of the property’s tenants.

Martin-Harris Construction v. JC Hospitality (Nevada District Court): Represented ownership group of Las Vegas hotel and casino in litigation brought by former tenant’s prime contractor arising from tenant’s failed effort to construct a 750-seat venue on the property.

DXS Capital (U.S.) Limited, et al v. CS Mining, LLC, et al. (Supreme Court of New York): Represented affiliate of Lippo China Resources in connection with dispute with its investment partners regarding ownership and operation of a United States-based copper mine.

Snowcreek Owners Ass’n IV, et al. v. AmeriGas Propane, LP (Mono County Superior Court): Acted as second chair in bench trial of declaratory relief claims seeking to enforce development contract concerning distribution of propane in Master Plan development. After trial, the court issued a 45-page statement in client’s favor and awarded $1.97 million in prevailing party attorney’s fees.

Staples Construction Company v. East Pacific Properties, LLC (Los Angeles Superior Court): Represented developer in dispute with its prime contractor related to development of mixed-use retail and condominium building located at 2300 Wilshire Boulevard in Santa Monica.

Confidential Arbitration (Bahamas): Represented Bahamian hedge fund in connection with dispute with majority shareholder of Chinese iron ore conglomerate related to ownership of disputed shares pledged as collateral for stock loan.

Confidential Arbitration (Hong Kong): Represented hedge fund in connection with dispute with director of Chinese film distribution company related to loan agreement and securities pledged as collateral for the loan.

Golden Road Food Services, LLC, et al. v. Smith (California Superior Court): Represented owners of “Fresh Brothers” pizza in litigation with investor regarding claimed ownership interest in venture.

Hermes Beteiligungsverwaltungs v. Siemens AG Osterreich, et al. (California Superior Court): Represented Austrian conglomerate in long-running dispute with business partner arising from unsuccessful venture to market and license financial forecasting software to United States-based clients.

Paskenta Band of Nomlaki Indians v. Crosby (California Superior Court.): Obtained judgment of dismissal in favor of bank client in multi-million dollar action brought by Native American tribe alleging that bank defendant aided and abetted misappropriation of funds the tribe had on deposit with the bank.

Focus Management Group USA v. Downey Regional Medical Center Hospital (Los Angeles Superior Court): Prosecuted breach of contract claims on behalf of professional services company against former client alleging that former client had failed to pay for consulting services rendered.

McClain v. Sav-On Drugs, 6 Cal.5th 951 (2019): Secured opinion from California Supreme Court on inability of consumers to sue retailers over disputes concerning the taxability of retail products.

Dalton v. Santander Consumer Credit USA 2016-NMSC-035 (2016): Secured decision from the New Mexico Supreme Court in case involving question of whether an arbitration provision in a vehicle finance contract is unconscionable under New Mexico law because it allows the parties to pursue small claims actions outside of arbitration.

Wells Fargo Bank, N.A. v. Electronic Funds Transfer Corp., 326 So. 2d 753 (Fla. 5th DCA 2021): Secure reversal of $5 million punitive damages award against bank following two-week jury trial.

In re Bard IVC Filters, 969 F.3d 1067 (9th Cir. 2020): Represented client in appeal of MDL trial involving preemption of Class II medical devices.

Kaura v. Stabilis Fund II, LLC, 24 Cal.App.5th 420 (2018): Secured reversal of order holding lender liable for city’s enforcement fees and costs in Health and Safety Code receivership.

Brown v. Ralphs Grocery Co., 28 Cal.App.5th 824 (2018): Secured published decision establishing exhaustion requirements for Private Attorney General Act (PAGA) cases under California law.

Yhudai v. Impac Funding Corporation , 1 Cal.App.5th 1252 (2016): Obtained published opinion holding that borrowers lack standing to pursue wrongful foreclosure claims predicated upon allegations of an invalid assignment of the borrower’s note and deed of trust.

Ho v. ReconTrust Company, 858 F.3d 658 (9th Cir. 2017): Obtained precedential opinion on important issue of whether trustees foreclosing pursuant to a power of sale in a California deed of trust are debt collectors under the Fair Debt Collection Practices Act.

David v. Medtronic, Inc., 237 Cal.App.4th 734 (2015): Secured published opinion addressing whether a trial court has the discretion to sever and dismiss claims of out-of-state plaintiffs who joined their claims with in-state plaintiffs to sue in California.

True Crime, LLC v. Superior Court (Cal. Ct. App.): Successfully petitioned Court of Appeal for writ of mandate directing trial court to vacate its order granting motion to disqualify trial judge pursuant to Code of Civil Procedure section 170.6.

Yardley v. County of Imperial (Cal. Ct. App.): Obtained reversal of trial court order granting nonsuit in favor of the County of Imperial on claims brought by family members who lost loved ones in a traffic collision. In its opinion, the Court of Appeal held that the family members would be permitted to pursue their claims under Government Code section 835 alleging that the County’s road constituted a dangerous condition of public property.

Hermes Beteiligunsverwaltungs GmbH v. Siemens Shared Services (Cal. Ct. App.): Represented client both at the trial court and appellate levels in breach of contract action brought by Austrian company. Successfully convinced the trial court to enforce a forum selection clause that designated Austria as a forum for disputes arising under the agreement and obtained subsequent affirmance of that order on appeal.

International Security & Defense Management, LLC v. Fluor Intercontinental, Inc. (Cal. Ct. App.): Represented client at both the trial court and appellate levels in breach of contract litigation brought by security contractor providing security personnel in Afghanistan. Successfully moved to dismiss the action in favor of South Carolina as an alternative forum for the dispute and obtained subsequent affirmance of the dismissal order on appeal.

Hawthorne v. Umpqua Bank (N.D. Cal.): Obtained order from the Northern District of California granting partial judgment on the pleadings in favor of bank client in putative class action on the grounds that many of the claims at issue were preempted by the Riegel-Neal amendments to the Federal Deposit Insurance Act (FDIA).

Barlow v. Zions First National Bank (D. Utah): Represented banking clients in class action brought by customers alleging that bank illegally charged overdraft fees.

Essex Partners, Ltd. v. Merchant Cash and Capital (C.D. Cal.): Represented merchant cash advance company in class action brought by its customers alleging that the company’s merchant cash advances violated state lending and usury laws.

Brown v. Ralphs Grocery Co. (Los Angeles Superior Court): Successfully obtained summary judgment for employer on wage statement claims.