As part of our ongoing effort to keep clients well informed, as well as others interested in our firm, we provide regular media updates and news about our work, as well as articles written by and about our attorneys.
Defense Judgment On February 15, 2013, Managing Shareholder Michael P. Bradley and Director Jason E. Fellner obtained a defense judgment in favor of their client, an estate planning lawyer, after successfully prevailing on a demurrer to plaintiffs' multi-million dollar complaint for legal malpractice, breach of contract, tortious interference with prospective economic advantage and intentional interference with prospective economic advantage.
Sacramento Shareholder William A. Muñoz moderates The Risks and Benefits of Legal Outsourcing at DRI Professional Liability Seminar in New York - December 6-7, 2012
Nonsuit Granted: Fleeing from police not in scope of employment - In 2012, senior shareholder William S. Kronenberg and associate Matthew J. Kracht prevailed on a motion for nonsuit following plaintiff's opening statement in a personal injury action. Plaintiff, a business owner in San Francisco, claimed he was severely injured when an individual jumped from a second story window and landed on him while fleeing from police in the North Beach area. Plaintiff alleged the jumper was employed by defendants at the time of the incident. Defendants' nonsuit was premised on the argument that the jumper was (a) not employed by defendants, and (b) the conduct alleged could not conceivably be in the scope of any employment. The Honorable Wallace Douglass swiftly agreed finding that the act of jumping from a second story window to flee from police could not be considered in the scope of employment, and granted nonsuit.
Jury awards $2M less than requested - In 2012 a San Francisco County Superior Court jury returned a verdict in a legal malpractice action brought by a plastic surgeon against his former attorneys. Senior shareholder Timothy J. Halloran and associate Jonathan M. Blute defended the three-week trial before Judge Cynthia Lee. Plaintiff alleged that the defendants inserted an improper confidentiality provision in a settlement agreement resolving a prior medical malpractice case against the doctor, resulting in a public reprimand from the Medical Board of California. The doctor claimed the reprimand caused him approximately $2.5 million in lost reputation and lost business. While the jury found for the plaintiff, they awarded only $522,200 in damages. Plaintiff had requested $2.4 million in damages during closing arguments; his final pretrial settlement demand was $1.5 million, and he served a Code of Civil Procedure sec. 998 pretrial offer to compromise in the amount of $715,385.00.
Unanimous Jury rules in Favor of Defendant In 2012, a unanimous Sacramento County jury ruled in favor of defendant in a wrongful termination action brought by a former employee. The two week trial in the action was defended by senior shareholder William Kronenberg, in Department 30, Judge David de Alba presiding. Plaintiff was employed by plaintiff as an HVAC service technician. Following his termination he claimed both wrongful termination and retaliation in violation of public policy. The jury made short work of these claims, returning a defense verdict in 2 hours.
Sacramento Shareholder William A. Muñoz to present at the Northern California Chapter of the Appraisal Institute on June 7th held at Filoli Gardens.
San Francisco based Director Matthew A. Cebrian discusses social media tools to evaluate potential candidates in Please Submit your Resume, References and Facebook Login. April 11, 2012
Sacramento Shareholder William A. Muñoz discusses the California Supreme Court's recent decision in Cassel v. Superior Court and its effect on the scope of the state's mediation-confidentiality rule in Westlaw's Journal on Professional Liability April 11, 2012
(Reprinted with Permission. © 2011 Thomson Reuters.)
Defense Verdict in Construction Injury In February 2012 a unanimous Alameda County jury returned a verdict in favor of defendant following an eight day trial. Shareholder William S. Kronenberg defended an electrical engineering firm that had been hired by the owner of a large commercial building in Richmond to perform remodeling for a future tenant. Plaintiff worked for a sub-contractor hired to demolish much of the 51,000 sq. ft. interior. Plaintiff received an electrical shock and fell from a height sustaining serious head injuries including a subdural hematoma, and underwent multiple surgeries including a craniotomy. The jury rejected the negligence claims against the defendant, and returned a defense verdict.
IRS Trust Fund Recovery Penalty - Are Your Clients at Risk? by Janet L. Everson and Matthew A. Cebrian