Cases
Experience: Clients turn to John, inside
outside California, because of his track record of success in high-exposure cases before trial, at trial,
on appeal in the areas of insurance, healthcare,
consumer class actions. Representative matters include: Insurance: Defense verdict, after 4-week jury trial, on $46 million claim for alleged bad faith failure to settle 'permanent vegetative state' brain damage claim. (2018)
Defense verdict, after 10-day jury trial, on $5.5 million claim for bad faith
elder abuse in connection with claim for uninsured motorist benefits. (2018)
Victory, after 9-day arbitration, against $22.5 million claim by excess insurer that accused primary insurer of bad faith failure to settle claim by grievously injured 9-year-old girl. (2014)
Victory in arbitration against $1 million claim for alleged bad faith failure to settle traumatic brain injury claim. (2021)
After being brought in by insurer on eve of trial, tried 4-week trial of claim that bad faith h
ling of UIM claim drove the plaintiff out of business
led him to attempt suicide. The trial resulted in a verdict less than 25% of plaintiff's lowest pre-trial dem
. (2015)
Won reversal on appeal of $4 million judgment against insurer client accused of bad faith failure to settle death claim, with order that judgment be entered for client. McDaniel v. GEICO, 681 Fed.Appx. 614, 2017 WL 892516 (9th Cir. 2017)
Under Hawaii law, won summary judgment for insurer in suit seeking over $30 million based on accusation that insurer's delay in settling business interruption claim drove insured out of business. (2016)
Won summary judgment for insurer client, establishing non-coverage of $21 million judgment construction defect judgment based on 'your product' exclusion. (2016)
Under Missouri law, won affirmance on appeal for insurer client accused of bad faith failure to settle a multi-claimant auto injury claim. Purscell v. Tico Ins. Co., 790 F.3d 842 (8th Cir. 2015).
Won affirmance on appeal of jury trial victory for insurer client accused of bad faith failure to settle. Du v. Allstate Ins. Co., 697 F.3d 753 (9th Cir. 2012).
Healthcare: Victory, in arbitration, on $50 million claim against health care service plan client for alleged underpayment of emergency room claims
alleged violation of reimbursement regulations. (2020)
Victory, in arbitration, against UCL claim alleging that health care service plan's methodology for calculating 'reasonable
customary' payments for non-contracted emergency services was illegal
unfair. (2021)
Won summary judgment on claim seeking to impose over $4 billion in retroactive gross premium tax liability on a health care service plan client. (2020)
Victory on summary judgment against claim by City Attorney accusing health care service plan of UCL violations based on allegedly inaccurate provider directories. (2022)
On motion to dismiss, defeated consumer class action accusing health care service plan of violating Lanterman-Petris-Short Act. (2022)
On motion to dismiss, defeated consumer class action alleging that health care service plan violated state
federal law by virtue of limitations on coverage for wheelchairs. (2022)
After being brought in on eve of trial in an $80 million certified class action alleging underpayments to provider by health care service plan client, won class decertification
complete dismissal without payment by the client. (2015)
After being brought in two years into class action litigation, won complete dismissal through an anti-SLAPP motion of suit contending that a medical group client illegally charged excessive witness fees when its physicians were subpoenaed to testify. (2015)
Consumer Class Action: In California Supreme Court, defeated class action accusing self-storage client of illegal
unlicensed sale of insurance. Heckart v. A-1 Self Storage, Inc., 4 Cal. 5th 749 (2018).
In California Supreme Court, defeated class action attacking clients' contractual med pay reimbursement rights. 21st Century Ins. Co. v. Superior Court, 47 Cal.4th 511 (2009).
Defeated class action seeking over $200 million from client for allegedly charging illegal premium installment fees. Interinsurance Exchange of the Auto. Club v. Superior Court (Williams), 148 Cal.App.4th 1218 (2007).
Defeated two class actions alleging false price advertising
misleading sales practices by motor club client. Davis-Miller v. Automobile Club of So. Cal., 201 Cal.App.4th 106 (2011).
After being brought in two years into class action litigation, won complete dismissal through an anti-SLAPP motion of suit contending that a medical group client illegally charged excessive witness fees when its physicians were subpoenaed to testify. (2015)
Won dismissal on the pleadings, affirmed on appeal, in class action alleging that motor club client's compensation system illegally incentivized sales agents to upsell. Rogers v. Automobile Club of So. Cal., 2016 WL 1253528 (Cal. Ct. App. 2016).
Defeated class action accusing insurer client of providing less coverage than represented in stated value auto policies. George v. Automobile Club of So. Cal., 201 Cal.App.4th 1112 (2011).
Defeated class action accusing insurer client of violating statute prohibiting 'steering' insureds to preferred body shops. Maystruk v. Infinity Ins. Co., 175 Cal.App.4th 881 (2009).
Under Arizona law, defeated class action alleging that auto insurer client failed to adequately secure customer consent to waive UM/UIM coverage. (2014)
Other Victories Resulting in Appellate Opinions: Won summary judgment of price fixing
other antitrust claims against Realtor association client concerning pricing for multiple listing service. Freeman v. San Diego Association of Realtors, 77 Cal.App.4th 171 (1999).
Won affirmance on appeal for restaurant client in trademark infringement dispute. Department of Parks & Recreation v. Bazaar Del Mundo, Inc., 448 F.3d 1118 (9th Cir. 2006).
Under Nevada law, won affirmance on appeal of judgment for insurer client accused of bad faith h
ling of UIM claim. Sherwin v. Infinity Ins. Co., 639 Fed.Appx. 466 (9th Cir. 2016).
Won affirmance on appeal of judgment for insurer client accused of bad faith failure to settle. Grayson v. Allstate Ins. Co., 650 Fed.Appx. 320 (9th Cir. 2016).
Won summary judgment for insurer client accused of breach of duty to defend in fatality case. Travelers Prop. Cas. Ins. Co. v. Shower, 648 Fed.Appx. 617 (9th Cir. 2016).
Under Louisiana law, won reversal on appeal with directions to enter judgment for insurer client in a coverage dispute involving the effect of the 'separations of insureds' clause. Petrozziello v. Thermadyne Holdings Corp., et al., 211 So.3d 1199. WL 658242 (La. App. 2017).
Won summary judgment, affirmed on appeal under doctrine of judicial estoppel, for insurer client accused of bad faith denial of theft claim. Hamilton v. State Farm Ins. Co., 270 F.3d 778 (9th Cir. 2001)
