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Won Asim Desai and James Kamanski won a traumatic brain injury case in which Plaintiff was seeking over $5 million before and up to trial from their client. Plaintiff agreed to dismiss all claims against the firm’s client before cross-examination of the first Plaintiff witness was completed (in what was estimated to be a three to four week trial). Won property insurance bad faith case after 5 week jury trial where plaintiff demanded $3 million prior to trial. Won California B&P Code 17200 Class Action alleging absolute mold exclusion unlawful and unfair as contrary to Insurance Code 530 and efficient proximate cause doctrine. Defensed claim by former partner against law firm for breach of fiduciary duty and obtained a $70,000 judgment on cross-claim in binding arbitration. Won Motion for Summary Judgment for defendant insurance carriers in suit by plaintiff homeowners, seeking damages purportedly caused by insurer's alleged wrongful failure to provide coverage for negligence of real estate agent in insureds' purchase of a private home. Won Summary Adjudication of bad faith claims based on genuine dispute doctrine in a case where insureds contended they sustained over $500,000 in damages due to insurance carrier's alleged wrongful failure to defend and indemnify pollution claims. Won FRCP Rule 12(b)(6) Dismissal, With Prejudice, for defendant insurance carrier in a suit brought by plaintiff alleging various business torts, unfair business practices and bad faith, seeking $2.7 million in compensatory damages, and unspecified punitive damages, purportedly caused by defendants salvage of damaged goods. Tried 5-week jury trial in Amador County where jury placed 38% fault on party not sued by plaintiff and 37% on plaintiff herself, resulting in judgment so far below CCP 998 offer that plaintiff accepted waiver of costs. Won unanimous defense verdict after 7 week jury trial in bad faith suit alleging that liability insurer failed to defend, improperly allocated Cumis Counsel's defense fees and costs between insured and non-insureds, and wrongfully settled underlying case of over objection of insured and Cumis Counsel. Court rescinded policy and awarded insurer $3.1 million. Won defense verdict of insurance bad faith action alleging an unreasonable failure to pay an underlying $15 million judgment, after a three week trial in Los Angeles County Superior Court. (Opinion) Won defense verdict for large San Francisco intellectual property law firm in legal malpractice suit seeking $80 million in damages for lost international patents, following a five-week trial where negligence was admitted. Won seven-week, federal court jury trial of a corporate fraud, professional liability suit. Won defense verdict, and subsequent appeal, of a third party insurance bad faith action arising out of an underlying sexual discrimination and wrongful termination action, following a one week trial in San Francisco. Won defense verdict for large San Francisco law firm and obtained $300,000 judgment on cross-complaint against former partner of the firm following one-week binding arbitration of partnership dispute. Won appeal in the Second District Court of Appeals affirming summary judgment for insurer validating a liability insurance carrier's right to settle lawsuits brought against the insured, even over the objections of the insured. Hurvitz v. St. Paul Fire & Marine Ins. Co. (PDF) Won summary judgment on breach of contract and bad faith for property insurer on grounds that Legionella bacteria in water system is excluded by the contamination exclusion in the policy (affirmed on appeal by Ninth Circuit). Obtained $1 million policy limit settlement for plaintiff on eve of trial against her personal injury lawyer in legal malpractice action. Obtained $2 million settlement for client against third parties for explosion of a bunker of rocket fuel. Won appeal affirming a liability verdict against California public entities on behalf of subrogated insurers and 248 other plaintiffs whose homes and businesses suffered an estimated $60 million in flood damage. Won summary judgment on bad faith and punitive damages for insurer based on questionable circumstances of claim and genuine dispute as to value. Won appeal in the Second District Court of Appeals affirming judgment on the pleadings for insurer that found that attorney's claim against insured for giving draft pleading to press did not present a potentially covered advertising injury or personal injury claim. Obtained $1.3 million settlement for insurer and Bay Area school district for damages caused by fire that destroyed elementary school. Obtained $1 million settlement for insurers and aerospace contractor for damages caused by fire that destroyed satellite assembly area. Obtained $1 million settlement for insurer and pharmaceutical manufacturer for damage to clean room resulting from roofing activities. Obtained settlement recovery for 99% of subrogation claim against contractor for damages caused by water-pipe leakage in semiconductor clean room. |
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