Cases
Representative Matters: APL Co. v. Valley Forge Ins. Co., 2013 U.S.App. LEXIS 20347 (9th Cir. Cal. Oct. 4, 2013)
Briefed
argued Ninth Circuit appeal from an adverse summary judgment ruling concerning an insurance claim for remediation costs. Obtained a reversal of the District Court's $1.6 million adverse judgment,
the Ninth Circuit ordered judgment for the firm's clients.
Starpoint U.S.A. v. DAEWOO Motor Co., Ltd. (Cal. Ct. App. May 22, 2013). Briefed
argued an appeal from an adverse J.N.O.V.
new trial order concerning the scope of a contractual indemnity provision. Obtained reversal of the trial court?s J.N.O.V. order,
the California Court of Appeal ordered a new trial.
Airis SFO, LLC v. The City
County of San Francisco (California Court of Appeal, First District, Division One, unpublished opinion dated Sept. 22, 2010). Briefed
argued an appeal from an adverse J.N.O.V.
new trial order. Obtained reversal of the trial court's rulings,
the California Court of Appeal reinstated a million dollar jury verdict in favor of a developer of air-cargo facilities against the City of San Francisco
its airport.
American Casualty Co. of Reading, Pa., et al. v. International Creative Management, et al. (U.S. District Court for the Central District of California, order dated Sept. 10, 2010). Obtained a summary judgment order on behalf of insurers that required their insured to reimburse a $2.25 million settlement payment insurers had advanced to settle an underlying action age-discrimination action.
Olin Corp. v. Certain Underwriters at Lloyd's, London, et al. (2nd Cir. 2006) 468 F.3d 120. Briefed Second Circuit appeal from an adverse $25 million judgment entered after a jury trial concerning insurance coverage issues. Obtained reversal of the judgment,
the Court of Appeals ordered a new trial.
CreAgri, Inc. v. USANA Corp. (9th Cir. 2006) 474 F.3d 626. Briefed Ninth Circuit appeal concerning trademark infringement claims.
Zurich American Ins. Co. v. Watts Industries, Inc. (7th Cir. 2005) 417 F.3d 682. Briefed Seventh Circuit appeal in which the Court of Appeals affirmed an order concerning a petition to compel arbitration
rem
ed certain issues to the district court.
GATX Capital Corp. v. Certain Underwriters at Lloyd's, et al. Retained to serve as appellate counsel before
during trial of a complex action involving claims against aviation insurance policies. The case settled shortly before trial.
Cotter Corp. v. American Empire Surplus Lines Ins. Co. (2004) 90 P.3d 814. Briefed
argued appeal in the Colorado Supreme Court, which addressed coverage issues involving the application of the pollution exclusion
the scope of the duty to defend.
Rosen v. State Farm General Ins. Co. (2003) 30 Cal.4th 1070. Submitted an amicus curiae brief to the California Supreme Court, which reversed the Court of Appeal decision
held that courts cannot override express insurance policy wordings for reasons of public policy.
Gray v. Underwriters at Lloyd's, London (California Court of Appeal, First District, Division One, unpublished opinion dated July 17, 2002, review denied). Briefed appeal in which the Court affirmed judgment for insurers, ruling that a Judge's Professional Liability Policy did not apply to the claim in question.
Certain Underwriters at Lloyd's of London v. Superior Court(Powerine Oil Company) (2001) 24 Cal.4th 945, briefed appeal in the California Supreme Court, which affirmed summary adjudication for insurers, ruling that the term damages in liability insurance policies means money ordered by a court,
does not permit coverage for the costs of complying with government orders.
Alpha Therapeutic Corp. v. The Home Insurance Company, et al. (2001). Retained after an unfavorable appellate decision affirmed an adverse ten million dollar judgment. Submitted a petition for review to the California Supreme Court, which accepted review of the insurance coverage issues presented, including the question whether all sums allocation applies to an insurer?s duty to indemnify. The case settled after review was granted.
Procter
Companies v. Lockheed Martin Corp. (Santa Clara County Superior Court). In various orders between 1997
2001, the trial court dismissed $600 million in indemnity claims
$60 million in defense-cost claims on demurrer, summary adjudication,
a pre-trial Cottle proceeding.
Successful depublication requests in Melton v. Industrial Indemnity Co. (ordered depublished on May 2, 2001),
Commercial Underwriters Ins. Co. v. Superior Court (ordered published on February 14, 2001).
Amicus curiae briefs in various other appeals
writ proceedings, including Aydin Corp. v. First State Ins. Co. (1998) 18 Cal.4th 1183,
Travelers Casualty
Insurance Co. v. Superior Court (1998) 63 Cal.App.4th 1440.
