Class Actions
- Obtained class certification in an ongoing action in which he represents plaintiffs alleging that Bankers Life and Casualty Company misclassified certain of its agents as independent contractors, thereby denying them payments due under the California Labor Code.
- Represented the plaintiff in a California Labor Code Private Attorneys General Act (“PAGA”) suit alleging that Bloomingdale’s, Inc. failed to compensate commissioned employees for rest breaks or non-productive time. Successfully settled the matter for cash payments totaling $2.3 million.
- Represents employees asserting PAGA and class claims for violations of San Francisco ordinances requiring predictable scheduling and fair treatment for retail workers.
- Represented a class of 3,250 California policyholders alleging that an insurance company unlawfully sold life insurance policies as retirement investments in violation of IRS Regulations, California Business and Professions Code Section 17200, and other state laws. Successfully settled the matter for cash payments totaling $2.8 million.
- Represented plaintiffs alleging that an insurance company deceptively marketed annuities to senior citizens and other consumers: obtained certification of a nationwide class of more than 60,000 policyholders; defeated defendant’s motions to decertify the class and for summary judgment. Successfully settled the case for cash payments and other settlement relief with a total value in excess of $60 million.
- Represented a plaintiff, who sued as a private attorney general pursuant to California Business and Professions Code Section 17200, challenging the practices of a life insurance company that collected premiums for periods of time during which it did not provide coverage. Obtained judgment for the plaintiff after a four week trial and successfully defended that judgment on appeal.
Insurance Recovery Actions
- Represented individuals asserting personal injury claims against a manufacturer of transvaginal mesh medical devices in a multi-party interpleader action brought by the manufacturer’s insurer. Successfully negotiated a settlement requiring a $12 million, policy-limits payment by the insurance company.
- Represented a plaintiff who had been injured by her massage therapist and had obtained a judgment against him. Brought a direct action against the message therapist’s insurance company and successfully settled the matter.
- Represented the policyholder, the owner of a commercial building, in a suit against an insurance company that refused to defend and indemnify the policyholder against wrongful death claims. Obtained for the policyholder a complete defense and payment of the full policy limits to settle the wrongful death claims.
- Represented the policyholder, a manufacturer of aluminum windows facing product liability and unfair business practice claims, in a suit against insurance companies that had sold primary insurance to the policyholder. Through motion practice and negotiation, successfully resolved claims relating to both insurers’ duty to defend and the policyholder’s right to independent, “Cumis” counsel.
- Represented a high-technology manufacturing company seeking insurance coverage for remediation of soil and groundwater contamination at multiple sites. The litigation involved the production of over a million pages of documents, more than 200 depositions and a nine-week bench trial, and resulted in the recovery of more than $50 million for the policyholder.
Other Matters
- Represented a corporation asserting trade-secret claims against a competitor and a former employee.
- Represented individual employees in suits for wrongful termination and other violations of labor law.
- Represented defendants in product liability suits – including a series of wrongful death and personal injury suits brought against a manufacturer of industrial coatings.
- Represented numerous clients, both plaintiffs and defendants, in complex commercial litigation – including multi-million-dollar breach of contract actions, toxic tort suits, and intellectual property litigation.
- Tried criminal cases while on loan to the office of the San Francisco Public Defender.