Plaintiff v. Corporate Employer (2024). Retained following $8 million San Diego County Superior Court employment law jury verdict with pending fee claim, prepared post-trial motions and assisted negotiations that resulted in settlement prior to entry of any judgment.
Nancy Offield Nelson v. Diane Offield (Cal. App. First Dist. 2024). Retained by prevailing party following multi-million dollar judgment in trust/estates/elder abuse dispute, and obtained affirmance of judgment on appeal.
Kazminy v. Dignity Health (Cal. App. 3rd Dist. 2023). Retained following multi-million dollar wrongful termination and punitive damages jury verdict, obtained multi-million dollar relief from trial court on post-trial motions, then a plenary reversal from court of appeal, followed by successful opposition on remand to motion seeking $6 million in attorney’s fees.
C&C Properties v. Shell (9th Cir. 2023) retained following adverse $34 million jury verdict and ensuring attorney fee award, and obtained reversal of verdict and fee award on appeal.
People v. ConAgra Grocery Products Co., 17 Cal.App.5th 51 (Sixth Dist. 2017). Retained following $1.1 billion judgment for lead paint public nuisance abatement an obtained reversal on appeal with directions to recalculate abatement funding obligation, yielding a reduction in judgment in excess of $700 million.
GROW Land and Water LLC v. McCarthy Family Farms, Inc. (Cal. App., Fifth Dist.2016). Retained after $129 million jury verdictand obtained reduction to $77 million via post-trial motions to trial court, followed by plenary reversal, of judgment on claims our client wrongfully conveyed real estate.
Smith v. Health Care Services Corp. (Ninth Circ. 2024). Successfully defended dismissal of putative class action alleging insurer sought subrogation in violation of Montana law.
Krishna Lunch v. Gorden (C.D. Cal.; Ninth Circ. 2023). Led UCLA’s successful defense in district court and on appeal before Ninth Circuit of UCLA’s reasonable time, place and manner regulations in action raising First Amendment challenges to regulations.
Divine Food v. Western Diocese et al. (Cal.Ct.App., Second Dist. 2023). Retained following adverse judgment and obtained reversal on appeal under anti-SLAPP statute in landlord-tenant dispute.
Redd v. Cantil-Sakayue (Ninth Circuit/C.D. Cal. 2023). Obtained favorable judgment of dismissal for Chief Justice of California and state’s judicial branch in putative class action in which death row inmate is challenging California judiciary’s implementation of state’s system of appointing habeas counsel in capital cases; defending ruling on appeal to Ninth Circuit.
Pascale v. Concentra, Inc. (Ninth Circ. 2023) Appellate affirmance of summary judgment dismissal of putative class action challenging broad text messaging campaign under Telephone Consumer Protection Act.
Weisban v. Allergan (C.D. Cal. 2022). Representing company in securing summary judgment in putative class action challenging its text messaging marketing of a healthcare product under Telephone Consumer Protection Act.
Richman v. Regents (4th DCA, Div.1 2021). Retained to pursue appeal from adverse judgment concerning entitlement of jointly appointed VA-UCSD doctor/professor to UC retirement system credit; judgment reversed with directions to enter judgment for Regents.
Gomez. v. Regents (4th DCA, Div. 1 2021). Retained post-judgment to defend dismissal of putative wage and hour class action involving application of Regents’ constitutional immunity; judgment for Regents affirmed.
Moran v. Regents (2DCA, Div. 7 2021). Retained post-judgment to defend dismissal of petition challenging former medical school student’s dismissal from UCLA’s medical school; judgment for Regents affirmed.
Condry v. United Healthcare (Ninth Circuit/N.D. Cal. 2021). Putative class actions concerning health insurer’s obligations to provide preventive services under the Affordable Care Act. After obtaining mostly favorable class certification and summary judgment rulings in district court, obtained reversal of unfavorable portions with directions to enter judgment for client.
Omidi v. Wal-Mart et al. (Ninth Circuit; S.D. Cal. 2020). Putative unfair competition class action. Partial dismissal of claims on pleadings, affirmed by Ninth Circuit, followed by dismissal of remaining claims on remand.
Briscoe v. Health Care Service Corp. (N.D. Ill. 2020). Putative class action concerning health insurer obligations; trial court denied class certification.
Kesterson v. CalPERS (Los Angeles Super. Ct., 2d District Court of Appeal 2020). Putative class action seeking interest payments on supposedly delayed public pension plan payments; trial court denied class certification, court of appeal affirmed denial of certification, and on remand, remaining claims dismissed with judgment entered for client; in second appeal, secured reversal of award of attorney’s fees to plaintiff.
U.S. ex rel. Armes v. Select Medical (6th Cir. 2017). Argued appeal to 6th Cir. Panel that secured dismissal of False Claims Act action seeking significant damages.
Handley v. MarEast Realty (Cal.App. First District 2019) Retained after jury verdict in real estate dispute and handled appeal resulting in reversal with directions to enter judgment for client.
Jogani v. Jogani (Cal.App. Second District 2019) Reversing dismissal of multi-billion dollar claims asserting interest in substantial real estate partnership.
Khoury v. Regents of Univ. of Cal. (Cal. App. Fourth District, Div. Two 2019) Reversing judgment against Regents in writ of mandate matter with directions to enter judgment for Regents.
Omidi v. National Resident Matching Program (Cal.App. Second District 2019). Affirming summary judgment on contractual and tort claims against provider of medical school residency and fellowship matching program.
Smith & Johnson v. Avis (Ga. App. 2019) Companion appeals reversing $31 million and $8 million tort verdicts with directions to enter judgment for our client.
United ex rel Kasowitz v. Huntsman et al. (N.D. Cal, D.D.C. D. C. Cir. 2019). Defended chemical manufacturer against reverse False Claims Act seeking billions in damages, securing dismissal on pleadings and defended dismissal in D.C. Circuit against opposing parties appeal.
UCSD (9th Cir. 2019) Affirming dismissal of action against University Medical System.
California Thoroughbreds v. Regents of Univ. of Cal. (Cal.App. Third Dist. 2019, Yolo Co. Super. Ct.). Defended University against Public Records Act action seeking data used in equine pharmacology study; secured judgment in University’s favor and appellate decision upholding judgment.
Curry v. Equilon Enterprises, LLC, 23 Cal.App.5th 289 (Fourth Dist., Div. Two 2018). Affirming summary judgment in favor of Shell Oil Company against claims for unpaid wages and missed meal and rest periods.
Vinetz v. Regents of Univ. of Cal. (Cal.App. Fourth Dist. Div. One 2018) Reversing denial of anti-SLAPP motion with directions to grant motion and award attorney’s fees to our client.
Baez v. Cal. Pub. Emp. Retirement Sys. (Cal. App. Second District 2018). Retained post-judgment and obtained affirmance of summary judgment on $30 million claim for tortious interference with private equity firm’s management contract.
Michele S. v. Regents of Univ. of Cal. (Cal.App.Fourth Dist. Div. One 2018) Affirming summary judgment in favor of our client on tort claim.
Dorfman v. Regents of Univ. of Cal. (Cal.App. Fourth Dist. Div. One 2018). Obtained reversal of judgment and writ of mandate arising from academic integrity student discipline matter.
McNair-Stepney v. Toyota (9th Cir. 2018). Affirming denial of motion for relief from final judgment in nationwide economic loss class action settlement.
U.S. ex rel. Armes v. Select Medical (6th Cir. 2017). Affirming dismissal of False Claims Act action.
Modglin v. DJO Global et al. (9th Cir. 2017). Affirming dismissal of False Claims Act action involving reimbursement for prescription medical devices.
Checker Cab v. Uber (3rd Cir. 2017). Affirming dismissal of unfair competition action.
Sterner v. Siemens (3rd Cir. 2017). Affirming summary judgment on age discrimination claim.
Plaintiff v. Corporate Employer. (Cal.App. 2017). Retained following $20 million verdict in wrongful termination action; posttrial briefing resulted in trial judge’s substantial reduction of jury’s punitive damages award, followed by settlement.
Plaintiff v. Corporate Defendant. (CA 2017). Retained following $23 million verdict in California state court personal injury action and helped pursue post-trial strategy and briefing that facilitated settlement at fraction of verdict amount.
Read v. Howroyd-Wright (Cal.App. 2017). Obtained reversal of counsel disqualification order in wage and hour class action.
Jogani v. Jogani (Cal.App. 2017). Affirming order denying counsel disqualification in partnership dispute.
Checker Cab v. Uber (3d Cir. 2016). Affirming denial of preliminary injunction that sought to halt Uber service in Pennsylvania.
Johnson v. GlaxoSmithKline (3d Cir. 2016). Affirming summary judgment in products liability action.
Genesis Merchant Partners v. Nery’s USA, Inc. (9th Cir. 2016). Retained post-judgment to pursue successful appeal that reversed judgment following bench trial in commercial secured lending contractual dispute.
Thermolife International v. Gaspari Nutrition, Inc. (9th Cir. 2016). Retained postjudgment to pursue successful appeal reversing summary judgment in Lanham Act action.
Rudgayzer v. Yahoo (9th Cir. 2015). Dismissal of appeal from order dismissing putative class action.
VDF Futureceuticals v. Stiefel (7th Cir. 2015). Affirming summary adjudication in commercial licensing dispute.
21X Properties v. Super. Ct. (Cal. App. 2015). Appellate writ directing reversal of trial court ruling regarding bonding of dispute over entitlement to real estate sale proceeds.
Holt v. Denholm (Cal. App. 2014). Affirming judgment in favor of clients in multi-million dollar partnership/fiduciary duty dispute.
Radford v. BAE Systems (Cal. App. 2014). Following $2.1 million verdict in employment discrimination action, led post-verdict briefing and oral argument that first resulted in reduction of $1.7 million punitive damages award to $420,000, and then to a grant of an outright new trial on all issues. Then led the appellate briefing and oral argument that resulted in the California Court of Appeal’s affirmance of the new trial order.
K&K v. IPC USA et al. (Cal. App. 2013). Retained following $1.5 million verdict and led briefing that resulted in grant of new trial on all issues, then led briefing and argument in Second District Court of Appeal that resulted in affirmance of new trial order.
Humane Society v. Super Ct. (Regents of Univ. of Cal.), 214 Cal.App.4th 1233 (2013). Seminal published opinion affirming right of public university to maintain privacy of unpublished researchers’ files.
Wall v. Miramontes (Cal.App. 2013). Successful response to opposing party’s appeal of $8 million judgment.
Landeros v. Torres (Cal.App. 2013). Successful response to opposing party’s appeal of $31 million judgment.
SunTrust Mortgage, Inc. v. United Guaranty Residential Insurance Company (4th Cir. 2013). Successfully defended against appeal challenging $40 million judgment in mortgage insurance litigation.
HSU v. UBS (9th Cir. 2013). Affirming dismissal of putative class action brought under Investment Adviser’s Act
Plaintiff v. Corporate Employer. (E.D. Cal. 2012). Retained following $167 million wrongful termination verdict and led post-trial briefing that mediated three way negotiations with plaintiff and insurer that resulted in mutually acceptable resolution.
Haskell v. ConocoPhillips (Cal.App. 2012). Affirming judgment in substantial project construction commercial dispute.
Meeker v. Bank of America (Cal.App. 2012). Affirming judgment for Bank in opposing party’s appeal of dismissal of unlawful detainer action, and on Bank’s cross-appeal, reversing denial of attorney’s fees with directions to award fees to Bank.
FAA v. Cooper, 132 S.Ct. 1441 (2012). Certiorari review of Privacy Act statutory damages question.
Wright v. Organon USA Inc. (8th Cir. 2012). Affirming dismissal of products liability action.
Regents of Univ. of Cal v. Lufkin (Cal.App. 2011). Successful outcomes in multiple actions filed in California state and federal trial court and on appeal in multi-faceted employment/contractual dispute.
U.S. Life v. Superior National Ins. Co., 591 F. 3d 1167 (9th Cir. 2010). Played substantial role in team that secured affirmance of $450 million judgment in reinsurance dispute.
Albermarle v AstraZeneca UK Ltd., 628 F.3d 643 (4th Cir. 2010). Successfully defended dismissal of action based on contractual forum selection clause.
Reudy v. Clear Channel (9th Cir. 2010). Affirming dismissal of unfair competition claim.
Francisco v. Verizon Wireless (4th Cir.2010). Successfully defended summary judgment in Title VII employment action.
Standard MicroSystems v. Winbond Electronics (Cal. App. 2009). Retained post-judgment for successful appellate challenge to adverse trade secret judgment and injunction and successful opposition to Cal. Supreme Court review.
Stark Packing Corp. v. Sunkist Growers, Inc., (Cal. App. 2009). Retained post-verdict and substantial role on team that obtained affirmance of lion’s share of $8 million breach of contract and obtained denial of California Supreme Court review.
Iowa Telecomm. Servs. v. Iowa Utilities Board, 563 F.3d 743 (8th Cir. 2009). Affirming judgment upholding public utilities commission decision recognizing telecommunications company's right to interconnect with local exchange carrier.
Reudy v. Clear Channel (9th Cir. 2009). Affirming dismissal of public nuisance action.
United Investors v. Grant (9th Cir.2009). Reversing jury verdict against life insurer.
Old United Insurance Company v. Buhrman, (Cal. App., Fourth Dist., Div. Two 2007). Retained by insurer following jury's $1.5 million compensatory and punitive damages verdict to pursue appeal that resulted in striking of punitive damages and reduction of compensatory damages to $240,000.
FitzGerald v. SkyWest Airlines, Inc., 155 Cal.App.4th 411 (2007). Upholding summary judgment in wage and hour class action based on Railway Labor Act preemption.
Physicians Interindemnity Cooperative Corp., etc. v. Aguilar, (Cal. App. 2005). Obtained reversal of $8.0 million breach of fiduciary duty judgment following jury verdict against former trustees of physicians interindemnity trust and direction that judgment be entered in favor of clients.
Taha v. Ashcroft, 366 F. 3d 808 (9th Cir. 2004). Reversing denial of asylum by Board of Immigration Appeals.
Garcia-Martinez v. Ashcroft, 317 F. 3d 1066 (9th Cir. 2004). Reversing denial of asylum by Board of Immigration Appeals.
James Ford v. Ford Dealer Computer Services (9th Cir. 2002). Affirming $3.5 million judgment from client in breach of contract/fraud action regarding automated dealership software.
Global Med Technologies, Inc. et al. v. Donnie Jackson (Cal. App., Third Dist. 2005). Revering summary judgment on trade secret misappropriation and related claims and reversal of $670,000 attorney fee award with directions to grant client a new trial on claims that former employee misappropriated confidential information.
Save Our Sunol v. Mission Valley Rock Co, et al. (Cal. App. 2004). Affirming summary judgment in favor of client in lawsuit that challenged substantial quarry project.
Bucy v. Sprint Spectrum L.P. (Cal. App. 2003). Reversing orders denying petitions to compel arbitration in two related cases and ordering both cases to arbitration.
American Mortgage Network v. Loancity.com, et al. (Cal. App. 2003). Substantial role in appeal that reversed a $3 million breach of contract, breach of fiduciary, trade secret and punitive damages verdict.
NOS Communications, Inc. v. Sprint Communications Company L.P., et al. (Cal. App. 2003). Reversing order that had granted preliminary injunction against client in unfair competition action.
Katzberg v. Vanderhoef (Cal. App. 2003). Reversing judgment that set aside censure of U.C. Davis radiology professor and directing entry of judgment in favor of our client, the University, affirming censure.
East Bay Municipal Utility District v. FMC Corp., et al. (Cal. App. 2003). Affirming client EBMUD's $6.5 million judgment on claims that defective polybutylene resin caused failure of water pipes.
Escamilla v. Regents of Univ. of Cal. (Cal. App. 2003). Affirming judgment following jury verdict in favor of client in action alleging employment discrimination and retaliation.
The Ratcliff Architects v. Vanir Construction Management, Inc., 88 Cal. App. 4th 595 (2001). Affirming order sustaining demurrer and holding that client did not have tort duty of care to project architect.
In re Establishment of the Tracy Edition of the Tri-Valley Herald (Cal.App. 2001). Affirming judgment that qualified local edition of Tri-Valley Herald to publish legal notices in City of Tracy.
2000-Present. Director of multiple complex litigations, including mass torts, financial services litigation, consumer class actions, antitrust, business competition, corporate governance, insurance litigation, joint venture, licensing and regulatory disputes, including:
Bank v. Mortgage Insurer (AAA arbitration 2010). Briefed and argued successful major bank’s pre-hearing summary judgment on mortgage insurance policy interpretation issues in substantial mortgage insurance dispute.
Bank v. Mortgage Insurer (C.D. Cal. 2010). Briefed and argued major bank’s successful Rule 12(b)(6) dismissal of fraud counterclaims asserted by insurer to try to avoid its massive obligations arising from policies covering securitized loan pools; briefed and/or argued multiple successful motions in this and in parallel action in North Carolina federal court.
Bullis Charter School v. Los Altos School District (2012-Present). Led litigation of mandate lawsuits and response in 3 appellate proceedings arising from rulings/judgments in favor of school district in facilities dispute, followed by settlement that yielded multi-year facilities agreement and ensuing advisory services.
In re matter of John Doe (Am. Arbitration Assoc., 2009). Retained mid-arbitration following interim adverse liability rulings in dispute arising out of IP contract, and assisted successful challenge to $200 million damages claim that resulted in $0 award.
Sprint Communications (Nebraska, Iowa, Illinois, New York federal courts, 2005-2009). Interconnection disputes under Telecommunications Act litigated in multiple federal district courts.