OUTCOME: Dismissal on appeal affirmed in client's favor
Attorney/plaintiff sued former client for defamation related to negative Yelp comment. Successfully moved to dismiss complaint in district court, and decision affirmed on appeal in what is believed to... be the first case in Utah related to negative online comments and defamation.
Litigation
In re Trilegiant Corp., Inc., No. 3:12-cv-00396 (VLB) (D. Conn.)
Mar 28, 2014
OUTCOME: Dismissed
Part of team that successfully moved to dismiss class action RICO complaint against online marketing company and its affiliates.
Litigation
Blum v. Merrill Lynch, et al., No. 11-55635 (9th Cir.)
Apr 11, 2013
OUTCOME: Order affirmed in favor of client.
Part of litigation and appellate team representing intervenor in appeal to Ninth Circuit resulting in affirmance of district court's order allowing client to intervene and move for modification of prot...ective order.
Litigation
Haas v. Obagi Medical Products, Inc., et al., Case No. BC503512 (L.A. Sup. Ct.)
Mar 22, 2013
OUTCOME: Settled.
Represented purchaser in litigation arising from tender offer. Successfully defended client's interests in opposing expedited discovery and reaching advantageous resolution of the case for the client....
Criminal defense
United States v. Vitale, et al., Citation No. 3306063-RCF (C.D. Cal.)
Oct 16, 2012
OUTCOME: Charges dismissed in their entirety for all defendants.
Represented co-defendants in allegatoins of unlawful trespass on Vandenberg Air Force Base in Lompoc, California. Among the co-defendants were Daniel Ellsberg, a former nuclear weapons strategist who ...released the Pentagon Papers to the press in 1971 (which often is credited with spurring an end to the Vietnam War); Cindy Sheehan, founder of the Gold Star Families for Peace, whose son, Casey, was killed in the Iraq war; David Krieger, president of Nuclear Age Peace Foundation; and Father Louis Vitale -- our client-- who is a Franciscan priest, Air Force veteran, and prominent peace activist whose demonstrations have landed him in jail hundreds of times. We filed a motion to exclude the government's expert, motions to compel discovery, and ultimately filed a motion to dismiss for the government's failure to produce relevant evidence in defiance of a court order to do so. On the eve of trial, the prosecutor dismissed the charges in their entirety against every defendant.
Litigation
Tariq Ahmad v. Weber Nameplate, et al., CV 96-1385 RSWL (RNBx) (C.D. Cal.)
Aug 15, 2012
OUTCOME: Default set aside, case dismissed in favor of client.
Represented putative defendant in setting aside 12-year-old default judgment on an ex parte basis resulting in achieving the client's desired outcome.
Litigation
Harbor Freight v. Lumber Liquidators, et al. (L.A. Sup. Ct.)
May 21, 2012
OUTCOME: Demurrer and motion to strike overruled in client's favor.
Assisted client in filing and prosecuting complaint for trade secret misappropriation and other common law claims, including filing amended complaint that withstood fully intact two demurrers and a mot...ion to strike.
Litigation
Blum v. KPMG, et al., 8-2011-cv-01885 (C.D. Cal.)
Dec 07, 2011
OUTCOME: Partial grant of summary judgment in favor of client.
Part of litigation team representing defendant in both state and federal court in defending against multi-million dollar fraud allegations, resulting in partial summary judgment granted and remainder o...f case stayed pending resolution of collateral matter.
Litigation
In re 99 Cents Only Stores Shareholder Litigation, Case No. BC457251 (L.A. Sup. Ct.)
Mar 14, 2011
OUTCOME: Settled.
Represented founding family and majority shareholders in challenges to "going private" transaction resulting in favorable settlement for the client.
Litigation
Charlotte Russe Holding, Inc., et al. v. Versatile Entertainment, Inc., et al., Case No. BC 424734 (L.A. Sup. Ct.)
Aug 31, 2010
OUTCOME: Demurrer sustained on numerous grounds, achieving client's expectations.
Represented late-joined defendant against allegations of breach of contract, among other things, related to an exclusive sales agreement between a retailer and designer jeans manufacturer, among others.... Client retained us after being joined well after initial filing of the complaint. Our litigation team immediately prepared to demurrer to the complaint, which resulted in numerous aspects of the complaint being dismissed as to not just our client, but other defendants as well.