Michael David Alper

Practice Details

• Languages
  French
  Hindi
  Spanish
• Firm Information
  Position

  Attorney

  Firm Name

  Wheeler Trigg O'Donnell LLP
• Representative Cases & Transactions
  Cases

  Cases: Defeated class certification for an insurance company in a putative class action lawsuit seeking reformation of all of the client's Colorado insurance policies to provide unlimited lifetime payments to all insureds who ever made a claim for benefits.
  Won summary judgment in U.S. District Court on all claims against WTO's client, from whom an industrial equipment supplier had sought additional insured coverage
  indemnity payments to cover liability for serious burn injuries suffered by an equipment operator. The case involved the complex interplay of primary insurance policies, excess policies,
  contractual indemnity provisions.
  Defeated class certification in federal court in Oklahoma in a case involving thous
  s of claimants against a law firm that represents clients before the Social Security Administration. Following the denial of certification, the court granted summary judgment in favor of WTO's client on all remaining individual claims in the case.
  Obtained summary judgment from a Texas district court in a case alleging WTO's client, a life insurance company, committed fraud
  violated consumer protection laws.
  Defended consumer lawsuits under California Business
  Professions Code 17200, including cases involving allegations that a title insurance company allegedly retained secret interest on escrow deposits, failed to escheat unclaimed property to the state,
  charged customers for services it did not perform or which cost far less than the amount charged.
  Successfully represented the owner of a large industrial recycling facility in the defense of an action by the premises' lessor alleging WTO's client caused damage to the leasehold premises.
  Represented a major oil
  gas company in a wrongful death lawsuit arising from an accident occurring on an oil rig owned by the company.
  Represented commercial l
  lords
  tenants in lease disputes, including the prosecution of actions to terminate leases.
  Represented a defendant in a lawsuit alleging errors in antibiotic susceptibility testing that allegedly caused the plaintiff's doctor to prescribe incorrect medications. The claims against WTO's client were dismissed without any settlement payment.
  Successfully represented a diagnostic testing company against class action allegations following a high-profile hepatitis outbreak at a hospital,
  obtained a complete dismissal of all claims without any settlement payment by WTO's client.
  Won summary judgment for a national insurance company in federal court in a bad faith case involving a claim for property insurance. The plaintiff challenged the calculation of benefits
  in the process revealed inconsistencies that led the insurer to conclude the plaintiff had been untruthful about the use of commercial-grade equipment included in the claim. After deposing the plaintiff, WTO lawyers persuaded the Court to void the entire insurance claim under the policy's fraud clause.