Steinberg Moorad & Dunn, Inc. v. David L. Dunn et al
Mar 30, 2005OUTCOME: Reversed & vacated $44.7 million judgment.
Joanne Frasca represented Athletes First, LLC, which was formed by NFL sports agent David Dunn after he left Leigh Steinberg’s firm, Steinberg, Moorad & Dunn in a Ninth Circuit federal court appeal f ... rom a $44.7 million jury verdict, one of the largest verdicts in California in 2002. As Special Appellate Counsel retained for this appeal, Ms. Frasca convinced the Ninth Circuit that the trial court had committed reversible error by submitting a statutory unfair competition claim to the jury and allowing compensatory and punitive damages to be awarded on this purely equitable claim. On March 30, 2005, the Ninth Circuit issued its Per Curiam decision, ruling that this prejudicial error required the entire judgment to be vacated, including the award of punitive damages and attorneys fees, and ordered the case remanded for a new trial. The appellate court also held, based on arguments presented by Ms. Frasca and Laura Sullivan, Dunn's counsel, that the trial court made prejudicial and erroneous rulings, including the unenforceable non-competition clause in Dunn’s employment agreement and the erroneous admission of evidence concerning conduct protected by the litigation privilege under Civil Code Section 47. This significant appellate win was reported in over 50 newspapers across the country, including the Los Angeles Times, which interviewed Ms. Frasca concerning this victory, the Entertainment Law Reporter, the Los Angeles Daily Journal and many others.
