Obtained favorable decision for client on the standard for awarding attorney fees against a defendant on remand to state court of a case improperly removed to federal court. Martin v. Franklin Capital Corp. (2005) 546 U.S. 132. Read More
Settlement of an insurance bad faith case for Foreign Insurers for one-tenth of amount claimed after taking over from prior attorneys and obtaining reversal of several prior adverse court rulings. Read More
Recovery of $3 million indemnity payments plus $600,000 Brandt Fees on behalf of London Insurers of Oil Refinery as additional insured on subcontractor’s insurance. Read More
Obtained summary judgment for insurer against insured’s claim that its alleged conduct in the underlying liability action potentially implicated personal injury coverage grant for invasion of the right to privacy. Read More
Obtained summary judgment for liability insurer against insured municipality seeking damages in excess of $20 million based on subsidence exclusion in policy, where the insurer declined to defend the underlying action and an underlying judgment had been entered against the insured. Read More
Obtained summary judgment for property insurer based on showing that insured could not meet its burden of proof at trial, including establishing that insured’s proposed expert testimony lacked sufficient foundation to be admissible. Read More
Obtained summary judgment for liability insurer against insured’s claim under advertising injury coverage grant that the insured’s product labeling potentially constituted use of another’s advertising idea. Read More
Obtained summary judgment for liability insurer against insured’s claim that underlying plaintiff’s decreased profits based on underlying wrongful death and personal injury claims in multiple states arising from contaminated food products, claimed in an amount in excess of $75 million, constitute damages because of property damage or bodily injury. Read More
Obtained defense verdict after trial for liability insurer against insured’s claim under advertising injury coverage grant for trademark infringement in which insured claimed damages based on an underlying judgment in excess of $20 million. Read More
Obtained summary judgment for a national servicer client in a 3 year old wrongful foreclosure matter. The borrowers had not made a payment in over 7 years and refused to apply for a modification. The summary judgment motion was successful based on estoppel theories that applied to the borrowers’ previous Chapter 7 bankruptcy filing. The Court ruled that because they… Read More
Obtained summary judgment for national banking client on a breach of contract claim wherein the borrowers asserted that payments all the way back to origination had been improperly applied to the loan and resulted in the wrongful foreclosure of the property. The issues required significant investigation in the loan’s account and on summary judgment we were able to carefully walk… Read More
Obtained summary judgment for national servicer client in Washington State Court regarding claims that their lien of $1,300,000 was not recoverable because the statute of limitations had run on their ability to foreclose on the lien. The borrowers had not made a payment in over seven years, and Plaintiffs refused to settle for any amount prior to the motion for… Read More
Obtained 100% recovery of client’s senior lien amount in a highly contested Receivership case against the City of San Buenaventura. We successfully defeated multiple motions by the Receiver to obtain a super priority lien, as well as defeated the City’s claims for priority in their claims for priority for in excess of $200,000 in fines, fees, and other charges that… Read More
Obtained Summary Judgment for a National Loan Servicer on allegations related to breach of a Trial Payment Plan and failure to offer a permanent modification. Plaintiffs’ last formal demand prior to the motion for summary judgment was $170,000. Read More
Authored successful motion to dismiss, making new case authority in California on diversity as applied to the London Marine Insurance Market – Majestic Ins. Co. v. Allianz Intern. Ins. Co. (N.D.Cal. 2001) 133 F.Supp.2d 1218. Read More
Negotiated favorable settlement terms for carrier client with $200 million exposure as part of $400 million tower in context of fire damage claims presenting exposure in excess of $1 billion. Read More
Used trigger arguments to negotiate $0 settlement for carrier client against underlying class action allegations that insured’s product leached toxic materials into patients’ tissue and bloodstreams during medical treatments. Read More
Authored successful MSJ addressing exhaustion of underlying coverage and SIR amounts which the 9th Circuit ultimately upheld on appeal – Pacific Coast Building Products, Inc. v. AIU Ins. Co. (9th Cir. 2008) 2008 WL 4927351. Read More
Defended and prosecuted multi-district litigation to determine coverage for underlying “right of publicity” claims as a “right of privacy” personal and advertising injury offense and involving a forum battle between California and Georgia resulting in a published 11th Circuit decision – Collegiate Licensing Co. v. American Cas. Co. of Reading, Pa. (11th Cir. 2013) 713 F.3d 71. Read More
Authored and filed Amicus Curiae brief in appeal addressing scope of coverage for “implied disparagement” in the context of “own product” advertising leading to published decision – Hartford Cas. Ins. Co. v. Swift, 59 Cal.4th 277 (2014) (California Supreme Court). Read More
