Tuolumne Jobs & Small Business Alliance v. S.C. (WalMart Stores, Inc.)
Aug 08, 2014
OUTCOME: Affirmed/adverse - 2014 DJDAR 10503
Argued before the California Supreme Court in support of small business alliances opposing implementation of WalMart expansion approved by suspect initiative process
Libel and slander
Gordon & Holmes v. Courtney Love
Jan 24, 2014
OUTCOME: Obtained a complete defense jury verdict for Mrs. Cobain rejecting claim for $8M and punitive damages; motion for new trial denied.
Successfully defended Courtney Love Cobain against allegations by her former lawyer that Ms. Cobain defamed her on Twitter. After a two week trial, a Los Angeles Jury found that Mrs. Cobain did not re...cklessly make any defamatory statements, and rejected outright plaintiff's demand for 8 Million Dollars and unspecified punitive damages. Motion for new trial was denied, the trial judge commenting that the jury "got it right on the money." The jury's verdict was upheld on appeal by the Second District Court of Appeal.
Environmental and natural resources
Voggenthaler v. Maryland Square LLC
Jul 26, 2013
OUTCOME: Partially affirmed and partially reversed
Before the Ninth Circuit Court of Appeal, successfully defended prior owner of dry cleaning establishment on appeal from trial court decision regarding liability for environmental damage resulting from... explosion.
Litigation
Fred Kayne v. Raphael Mense; Cottonsmith LLC
Jun 13, 2013
OUTCOME: Obtained Jury Verdict over $4.2 Million, with penalties and punitive damages of $750,000. Final judgment exceeded $5.3 Million, including attorney fees, costs and expert fees. The Jury unanimously rejected outright defendants' $25 Million cross-claim.
Represented Mr. Kayne, who sued for return of a fabric advance and return of his capital in Cottonsmith, a total of $1.5 Million, based on defendants breach of fiduciary duty and breach of contract. D...efendants countersued for fraud and breach of guarantee, claiming $25 Million in damages, resulting in a five week jury trial in Los Angeles Superior Court, Judge Hiroshige presiding.
Commercial real estate
Lamour Nail Products, Inc. adv. Lamoon, Inc.
Jun 22, 2011
OUTCOME: Obtained a complete defense Judgment after 6 day court trial in Orange County Superior Court, Judge James DeSimone presiding.
Nail product manufacturer was sued on a claim assigned to its competitor by a distributor of nail products marked with an infringing mark, on the allegation that the manufacturer had induced the distri...butors use of the mark in commerce.
Discrimination
Pasmino & Duarte v. Hyung Sung Investment Properties
Dec 21, 2009
OUTCOME: Defense Judgment
Successfully defeated claim of disability discrimination in court trial in LASC, Compton, Judge Rose Hom, presiding.
Arbitration
Salmon v. Fuqua
Dec 01, 2009
OUTCOME: Award of attorney fees incurred
In JAMS arbitration before Justice Richard Neal (retired), obtained award of over $300,000 in attorney fees incurred in connection with prior contract litigation over editing services performed by our ...client, Keith Salmon, on the documentary film "Bastards at the Party" - all of which were collected.
Commercial real estate
Accuride International Inc. v. NMTC Inc. dba Matco Tools
Mar 03, 2009
OUTCOME: Obtained a $1,508,000 settlement to Accuride
Matco Tools reneged on a Supply Agreement which committed it to buy ball bearing slides from Accuride for a specified term. Discovery revealed that Matco had planned from the outset to breach the agre...ement as soon as it could arrange for slides to be manufactured overseas. Accuride sued for promissory fraud and breach of contract. The case settled on the eve of trial in favor of Accuride.
Employment and labor
Richman v. Rideout Memorial Hospital
Jun 16, 2006
OUTCOME: Obtained a unanimous $24.2 Million Jury Verdict for Plaintiffs after a 6 week jury trial in Yuba County, California.
Unanimous $24.2 Million Dollar verdict in favor of Dr. Michael F. Richman and Twin Cities Cardiothoracic (collectively) - $14.2 Million compensatory damages and $10 Million punitive damages against Rid...eout Memorial Hospital
Verdict Search Verdict No. 81 of top 100 Jury Verdicts of 2006 and 7th highest California jury verdict that year per L.A. Daily Journal
Taking over on appeal after an adverse probate trial judgment which stood to cost our client half his inheritance, developed and presented a compelling argument establishing that the challenge to the t...estator's will was judicially estopped by the claimant's prior conflicting testimony in obtaining a benefit in a prior case over title to property. Petition for Hearing before the Supreme Court was denied.