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Michael John Tonsing

Michael Tonsing’s Legal Cases

6 total

  • U.S. v. Gavilan Joint Community College Dist. United States Court of Appeals, 9th Circuit (1988) 849 F.2d 1246

    Practice Area:
    Litigation
    Date:
    Jan 01, 1988
    Outcome:
    Reversed and remanded as client won attorney's fee reimbursement
    Description:
    Gavila College was sued by the US Veterans Administration (VA) for alleged overpayments. Client won on a motion for summary judgment where it was upheld that the Government had waited too long to sue. Case involved exposure of between 2,000,000 and 4,000,000 dollars. After winning, the college district was denied reimbursement for its attorneys' fees and it appealed. Denial of fees was reversed by the Ninth Circuit.
  • Anthony v. Basic American Foods, Inc. United States District Court, N.D. California. 1984 600 F.Supp. 352117 L.R.R.M. (BNA) 3099

    Practice Area:
    Employment & Labor
    Date:
    Nov 15, 1984
    Outcome:
    Prevailed
    Description:
    This groundbreaking case upheld the right of a reservist to get their job back after serving their country, even when their active duty was voluntary. In a later unrelated case, the Supreme Court, Justice Souter, agreed with our result and held that the statute providing re-employment rights to reservists called to active duty did not limit the length of military service after which the reservist retained the right to civilian reemployment. However, Justice Souter's opinion rejected the reasoning in the Northern District case I had done several years before.
  • Automatic Plastic Molding, Inc. v. U.S. United States Court of International Trade (2002) 26 C.I.T. 1201

    Practice Area:
    Litigation
    Date:
    Oct 05, 2002
    Outcome:
    Client prevailed
    Description:
    Jobber challenged ruling of US Customs Service where Customs had held that a glass amphora that was to be filled with biscotti and sold at Costco was a "vessel intended for reuse" and was therefore subject to an 8 percent duty upon importation to the United States. The case was tried to a federal judge, without a jury. After about a two week trial in Manhattan, with the US Department of Justice on the other side, the Court ruled that the vessel was not subject to the duty.
  • Mitsui O.S.K. Lines, Ltd. v. Seamaster Logistics, Inc. United States District Court, N.D. California, 2013 WL 1191213

    Practice Area:
    Consumer Protection
    Date:
    Mar 21, 2013
    Outcome:
    Plaintiff verdict for approximately $8,000,000
    Description:
    In a judge trial before the Honorable Samuel Conti, Plaintiff sought $500,000,000 in Damages against several corporate Defendants on multiple theories, including Fraud and Civil Rico, alleging joint and several liability against all Defendants on a conspiracy theory.
  • Plummer v. Coen, CA Court of Appeal, Second District, Division 7, California.October 12, 2010

    Practice Area:
    Appeals
    Date:
    Oct 12, 2010
    Outcome:
    Reversed. Client won on appeal
    Description:
    CA Attorney General contended client was a vexatious litigant and had won on trial court level.
  • Cumero v. King City Office of Education

    Practice Area:
    Appeals
    Date:
    Apr 23, 1985
    Outcome:
    Reversed and remanded, review granted
    Description:
    Employee who was nonmember of union challenged withholding a portion of his paycheck as “service fee” and use of that fee by union for purposes not directly related to negotiation, contract administration and grievance handling.