San Rafael, CA
Business Lawyer at San Rafael, CA
Practice Areas: Business, Contracts & Agreements ... +6 more
OUTCOME: Class action settlement of $800,000,000 in retirement benefits to be paid by the government to the Class Members
Class co-counsel for members of the Retirement Fund for the Northern Marianas Islands in a successful class action to recover unpaid benefits on default judgment against the CNMI government
OUTCOME: Case affirmed.
Briefed and argued case in the Court of Appeals against defendant United States seeking further affirmation of District Court's holding that the U.S. had changed its policy as a result of plaintiff's s ... uit regarding the evaluation of bids by U.S. flagged ships for food aid cargos.
OUTCOME: Naval Aviators discharged per contract terms and awarded attorneys fees.
Briefed and argued case at motion and Habeas Corpus hearings in District Court for release of 7-year veteran F-18 Naval Aviators pursuant to terms of enlistment contract against U.S. which sought to e ... xtend their service to include an extra year to serve on Army billet infantry convoy duty in Iraq.
OUTCOME: Plaintiff Verdict: $5,124,455.82. Case settled pending notice of appeal.
Successful trial verdict in United States District Court for the Northern District of California obtained for plaintiff mine owner for damages against vessel owner resulting from allision with marine l ... oading terminal.
OUTCOME: Seaman's Workers' Compensation claim was dismissed based on Jones Act federal preemption
Obtained dismissal of seaman's California Workers' Compensation claim arising from an injury ocurring aboard a vessel on the high seas. The WC Judge held the claim was preempted by the seaman's federa ... l statutory rmeedies avaialble under the Jones Act. The Workers' Compensation Appeals Board and the Court of Appeal of California affirmed.
OUTCOME: Declaratory judgment in favor of excess insurer.
Obtained declaratory judgment of District Court that wrongful death plaintiff's follow form excess insurance policy invoked contract-based admiralty jurisdiction.
OUTCOME: Plaintiff received a settlement from contractor and subcontractors after mediation.
Represented plaintiff homeowner in action for damages due to contractor and subcontractors defective home remodel and repairs resulting in extensive damage due to water intrusion.
OUTCOME: Reversed and remanded to the District Court. Case settled.
Briefed Supreme Court case and argued in the District Court and Court of Appeals in defense of the United States in case ivolving Injured seaman's personal injury suit filed against the United States a ... s owner of a public vessel upon which the seaman was employed during Operation Desert Storm. The statute waiving U.S. sovereign immunity in admiralty for his suit (the Suits in Admiralty Act), had a jurisdictional requirement of "forthwith" service of process of the complaint on the U.S. Plaintiff served his complaint within 26 days. The District Court held that the service of process was not effected "forthwith" and the Court of Appeals affirmed. The Supreme Court reversed holding that the 120 day service period stated in the Federal Rules of Civil Procedure preempted the forthwith service provision of the Suits in Admiralty Act. Note: subsequent to the Court's decision, Congress Amended the Admiralty Act to remove the "forthwith service" provision.
OUTCOME: Successful defense on appeal. Case dismissed.
Briefed and argued case in the Court of Appeals in defense of defendant United States of District Court's denial of "penalty wages" to plaintiff seaman employed on a public vessel owned by the U.S.
OUTCOME: Reversed, remanded, defense verdict at trial.
Briefed and argued case in the Court of Appeals in defense of United States of District Court's holding that plaintiff security guard's personal injury claim against the U.S. that occurred on the pier ... at the end of the gangway of a public vessel owned by the U.S. invoked admiralty jurisdiction only pursuant to the Admiralty Extension Act and that plaintiff's failure to file the required administrative claim under that Act was a jurisdictional bar. The Appeals Court reversed extending traditional admiralty jurisdiction beyond the gangway to include the areas of ingress and egress on the pier. Trial on the merits in the District Court resulted in defense verdict.
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