Attorney Wade William Poulson's Legal Cases

Copyright infringement

Smith v. Bob Baker Family Foundation

Dec 19, 2011

OUTCOME: Federal Court granted my client's Motion for Summary Judgment, dismissing the case in its entirety.

Director/Cameraman of Korean War documentary film wrongfully sued my client (the owner and producer of the film) for copyright infringement even though the director had signed a work for hire agreement ... fully acknowledging he would have no ownership of the film rights and that his full and complete compensation was the payment he received for his work performed.

Administrative law

Bob Baker Automotive, Inc. v. Chrysler Group LLC

Dec 09, 2011

OUTCOME: Settlement in favor of my client after three-day trial.

Chrysler failed to properly reimburse my client (a franchised Chrysler dealership) for nearly $90,000 of warranty repair work properly performed and documented by my client. We filed a case against Chr ... ysler Group LLC and the matter was heard in a three-day trial before an Administrative Law Judge at the New Motor Vehicle Board in Sacramento, California.

Contracts and agreements

Glover v. American Rentals, et al.

Sep 09, 2009

OUTCOME: Full dismissal of my client for a waiver of costs.

This case involved a plaintiff who was operating a flail mower attached to a John Deere skip-loader tractor when a projectile was thrown from the mower and struck the plaintiff in the head and lodged i ... n his brain, causing traumatic brain injuries. The plaintiff was an employee of my client (ACCU Construction, Inc.) at the time of his accident and therefore he could not sue my client because of the exclusive remedy rule under the Labor Code. My client was sued on a cross-complaint, however, and was required to defend itself against the cross-action filed by the equipment rental company who rented the mower to my client. The only theory the rental company had against my client was to claim that an indemnity provision contained on the reverse side of the rental receipt (in fine-print boiler-plate language)--that was never read or signed by any officer of my client's corporation--required my client to contractually indemnify the rental company against any judgment or settlement obtained against the rental company. We presented numerous defenses related to the unenforceability of the alleged indemnity agreement on grounds the agreement was not properly executed under Labor Code section 3864; that the contract was adhesive, and unenforceable because it was both procedurally and substantively unconscionable. At mediation the mediator agreed with our position that ACCU Construction was not liable for any amount of damages (either directly to plaintiff or on the express indemnity claim) because the alleged indemnity contract would be unenforceable. Consequently, the rental company agreed to release my client from the litigation for a waiver of costs and my client got out of the case without paying anything.

Wade William Poulson's Legal Cases (3)

Smith v. Bob Baker Family Foundation

Bob Baker Automotive, Inc. v. Chrysler Group LLC

Glover v. American Rentals, et al.