Cases
Representative Matters: Significant Litigation: Certain Underwriters at Lloyd's, London, et al. v. ConAgra Grocery Products Co., et al. (represented liability insurer in San Francisco Superior Court insurance coverage dispute regarding lead paint)
Certain Underwriters at Lloyd's of London v. Rockwell Automation Corp., et al. (Los Angeles asbestos coverage litigation).
North Kern Water Storage District v. City of Bakersfield (Ventura Superior Court water contract rights dispute)
Merced Irrig. Dist. v. Mariposa (Tulare Superior Court water contract rights dispute)
On behalf of a Long Beach trucking company, set aside a $2.3 million default judgment in Los Angeles Superior Court
then defeated a renewed effort by the plaintiff to establish alter ego liability.
Deere
Co. v. Certain Underwriters, et al. (San Francisco asbestos coverage litigation)
Thorpe Asbestos Coverage Cases (Los Angeles Coordinated Proceeding involving asbestos non-products coverage issues)
St.Paul Fire
Marine Ins. Co. v. A.P.I. Inc. (Minn. state court asbestos coverage litigation involving non-products issues
524(g) federal bankruptcy proceedings)(2002-05)
Kaiser Aluminum
Chemical Corp. v. Certain Underwriters at Lloyd's, London, et al. (San Francisco asbestos coverage litigation involving products issues
524(g) federal bankruptcy proceedings)(2000-05)
Four Star Oil & Gas Company, et al. v. Allianz Insurance Co., et al. (Los Angeles coverage litigation involving all Texaco's environmental sites in United States
Canada)(1992-95)
Shell Oil Company v. Aetna Casualty
Surety Co., et al. (San Francisco
Illinois coverage litigation involving polybutylene pipe property damage claims)(1993-96)
Shell Oil Company v. Accident
Casualty, et al.
related actions (San Mateo
San Francisco CA environmental coverage litigation involving Rocky mountain Arsenal
other Shell pollution sites)(1986-96)
Counsel for insurers in connection with the application of the st
ard nuclear exclusion in liability insurance policies to pollution sites.
Represented London market insurance companies in a pollution coverage litigation, worth approximately $10 million, against a major oil company that involved a yellow-cake uranium processing plant in Wyoming.
Represented a pro bono client in performing a constitutional analysis in the City of Monterey Park, California showing the unconstitutionality of a proposed ordinance which sought to require that business signs have modern Latin Alphabet (e.g. English) on their signs.
FMC Corporation v. Plaisted
Companies, et al. (Santa Clara County, CA multi-phase environmental coverage litigation involving 60 sites, seven separate jury trials
seven separate appeals)(1987-98)
Significant Appeals: Defended Allergan Inc.
individual board members from start to finish in an ERISA stock drop case, successfully securing dismissal of all claims
affirmance on appeal by the 3rd Circuit court of appeals
the court rejected plaintiffs' allegations that the company
board members had inside knowledge of a price-fixing conspiracy leading to inflation of its stock price, which they claimed affected workers
retirees in the employee stock ownership plan.
Willhide-Michiulis v. Mammoth Mountain Ski Area (2018) 25 Cal.App.5th 344 (Third District) (successfully defended summary judgment in favor of Mammoth Mountain involving injury caused when snowboarder collided with snowcat's snow grooming tiller)
Rosilho v. Young (2017 WL 4676232) Cal. Court of Appeal, Second District, (on behalf of Brazilian investor, successfully obtained affirmance of $2.4M judgment after jury trial arising from real estate fraud
notary misconduct claims)
Fox Factory, Inc. v. Superior Court (Isherwood) (2017) 11 Cal.App.5th 197 (successfully obtained reversal, on petition for writ of m
ate, of adverse forum non conveniens ruling arising from mountain bike accident in Canada involving Canadian plaintiff
bike sold in Canada)
Los Angeles Unified School District v. Safety National Casualty Corporation (2017) 13 Cal.App.5th 471 (appeal by liability insurer from denial of motion to compel arbitration)
M.B.L., Inc. v. Federal Ins. Co., et al. (Ninth Circuit No. 14-56107) 2017 U.S. App. LEXIS 695 (successfully obtained affirmance of summary judgment for insurance client in dry-cleaning pollution case)
Razmco
Associates, Inc., et al. v. BB&T Insurance Services (2016 Cal. App. Unpub. LEXIS 1039) (successfully obtained reversal of adverse jury verdict regarding intentional interference with prospective economic advantage, with directions to enter new judgment for client)
Lamorak Insurance Company v. Superior Court (Rockwell Automation Corporation
Invensys LLC) (Cal. Court of Appeal, Second District, Div. 7, B266629) (successfully petitioned for writ of m
ate challenging summary adjudication of breach
alternative writ issued).
DeBons, et al. v. Globus Medical, Inc. (Ninth Circuit No. 14-56455) (successfully obtained affirmance of 12(b)(6) dismissal of 17200 class action based on NuBone medical product).
Field v. American Mortgage Express Corp., et al. 584 Fed.Appx. 414 (9th Cir. 9/11/2014 No. 12-16311) (successfully obtained affirmance of summary judgment
dismissal for payroll processor client in back wages class action)
David Larrieu, et al. v. ING Bank, et al. (First District, Div. Five, No. A137527) (successfully obtained dismissal of appeal from demurrer ruling in favor of bank client in foreclosure action)
Federal Ins. Co., et al. v. MBL, Inc. (2013) 219 Cal.App.4th 29 (successfully obtained affirmance of judgment denying right to Cumis counsel on behalf of insurance client,
affirmance of money judgment against policyholder for reimbursement of Cumis fees not owed.)
Pedeferri, et al. v. White, et al. (2013) 216 Cal.App.4th 359 (successfully obtained reversal of $49 million total judgment against client in personal injury
wrongful death action arising out of a distracted driver running off the road
killing a motorist
crippling a CHP officer.)
In Re Plant Insulation Co. (9th Cir. 2013) 734 F.3d 900 (9th Cir. No. 12-17466) (partial reversal of bankruptcy court confirmation order against insurer client regarding 524(g) asbestos bankruptcy proceeding, based on failure to grant the asbestos trust a majority ownership share in the reorganized debtor, as required under 524(g))
Employers Ins. Co. of Wausau v. California Capital Ins. Co. (Court of Appeal, Second District, Div. 6, No. B226545) (unpublished) (successfully obtained affirmance of $1 million judgment entered in favor of an excess insurer in a subrogation
indemnity action arising from auto accident)
Reid v. Google, Inc., (2013) 50 Cal.4th 512 (In an age discrimination suit brought against Google on behalf of a former director of operations
engineering, obtained a decision from the California Supreme Court that affirmed a lower court's decision rejecting most of Google's objections to the suit. Decision established rules regarding evidentiary objections in summary judgment motions).
Nalwa v. Cedar Fair, LP, (2012) 55 Cal.4th 1148 (prepared amicus brief on behalf of California Ski Industry Association in assumption of risk case involving amusement park injury
Supreme Court reversed Court of Appeal
upheld application of assumption of risk)
Gregorie v. Alpine Meadows Ski Corporation 405 Fed.Appx. 187 (9th Cir. 2010) (successfully obtained affirmance of summary judgment for ski resort client based on assumption of risk in snowboarding wrongful death action)
Aerojet-General Corporation v. Commercial Universal Insurance Company, 155 Cal.App.4th 132 (2007) (environmental insurance coverage)
Catholic Mutual Relief Society et al. v. Superior Court, 42 Cal.4th 358 (2007) (reinsurance discovery
amicus brief) (one of Mealey's 10 most significant insurance coverage cases for 2007)
Schnitzer Investment Corp. v. Certain Underwriters, et al., 341 Ore. 128 (2006 Oregon SC) (environmental coverage)
Holloway v. Republic Indemnity Co., 341 Ore. 642 (2006 Oregon SC) (sexual harassment coverage)
Buell-Wilson v. Ford Motor Co., 141 Cal.App.4th 525 (2006) (Explorer rollover)
Souza v. Squaw Valley Ski Corp., 138 Cal.App.4th 262 (2006) (ski injury)
Boghos v. Certain Underwriters, et al., 36 Cal.4th 495 (2005) (arbitration dispute
amicus brief)
Kahn v. East Side Union HS Dist., et al., 31 Cal.4th 990 (2003) (diving accident
amicus brief)
London Market Insurers v. Safety National unpublished (First Dist. 2004) (arbitration dispute)
Vine v. Bear Valley 118 Cal.App.4th 577 (2004) (snowboarding injury)
Lambert v. General Motors unpublished (Fourth Dist. 2003) (Blazer rollover)
Henkel Corp. v. Hartford Acc. And Indem., 29 Cal.4th 934 (2003) (assignment issue
amicus brief) (one of Mealey's 10 most significant insurance coverage cases for 2003)
Squaw Valley v. Superior Court unpublished (2nd Dist. 2002) (venue writ)
Dart Industries v. Commercial Union Insurance Co. 28 Cal. 4th 1059 (2002) (missing insurance contract
amicus brief) (one of Mealey's 10 most significant insurance coverage cases in 2002)
Raimondi v. Ford Motor Co. unpublished (First Dist. 2001) (Bronco II rollover)
Sparks v. Calif. Restaurant Assoc. unpublished (Third Dist. 2001) (employment discrimination)
Golden Eagle Ins. Co. v. Southwire Co. (Fifth Dist. 2001) (construction defect)
Palmer v. Truck Ins. Exch., 21 Cal.4th 1109 (1999) (advertising liability
amicus brief)
Syntex v. Lowsley-Williams
Cos. (1998) 67 Cal.App.4th 871 (environmental insurance coverage)
FMC v. Plaisted
Companies (1998) 61 Cal.App.4th 1132 (environmental insurance coverage)
Armstrong World Industries v. Aetna Cas. & Ins. Co. (1996) 45 Cal. App. 4th 1 (asbestos coverage)
Shell Oil Company v. Winterthur Swiss Ins. Co. (1993) 12 Cal.App.4th 715 (environmental insurance coverage).
