Since 1976, Mr. Smith has represented parties or amici curiae on appeal in the United States Supreme Court, the California Supreme Court, the Ninth Circuit Court of Appeals, and other state supreme courts and intermediate appellate courts.  To view Mr. Smith's cases organized by subject, click on the buttons below.

SUMMARY OF RESULTS

Affirmed 88% of pretrial judgments (7 of 8).
Affirmed 82% of posttrial judgments (61 of 74).
Reversed 60% of pretrial judgments (27 of 45).
Reversed 60% of posttrial judgments (28 of 47).

APPELLATE AND SUPREME COURT DECISIONS

Appellate Procedure

Dunlap v. K-Mart Corporation (1990) A045538. Obtained dismissal of appeal for untimely notice of appeal after denial of motion for new trial.

Golf West of Kentucky, Inc. v. Life Investors, Inc. (1986) 178 Cal.App.3d 313. Obtained affirmance of order denying fees for letters of credit as costs on appeal.

Hellmuth, Obata & Kassabaum, Inc. v. Embarcadero Properties, Inc. (1985, 1983) A019786. Obtained Supreme Court orders vacating two dismissals by the Court of Appeal.

Valley Title Company v. Superior Court (1981) 124 Cal.App.3d 867. Obtained depublication of opinion that castigated petitioner's attorney.

Assault and Battery

Sapinoso v. McDonald's (2001) A089374. Suffered affirmance of summary judgment for restaurant that failed to respond to threat of shooting attack that killed plaintiffs' decedent.

Heiner v. KMart Corporation (2000) 84 Cal.App.4th 335. Obtained affirmance of $3.8 million judgment for dentist's disabling injuries inflicted by security guard.

Doe v. Roe (1996) Settled for $3.8 million a wrongful death judgment for police officer's killing of plaintiff's decedent.

Hartman v. Ye Old Inn, Inc. (1985) A017897. Obtained affirmance of $750,000 judgment for plaintiff's shooting injury.

Dawkins v. City of Los Angeles (1978) 22 Cal.3d 126. Obtained reversal of $100,000 judgment against city and police officers. "A whale of a job" wrote Art Bell in Courtroom Compendium.

Plascencia v. City of Los Angeles (1978) 2d Civ. No. 50773. Obtained reversal of $33,000 judgment.

Arellano v. City of Los Angeles (1977) Super. Ct. No. 27683. Obtained partial reversal of judgment against city and police officers.

Attorneys and Fees

Morales v. Fagel (2000) B129385. Obtained reversal of $15 million legal malpractice judgment.

Loube v. Loube (1998) 64 Cal.App.3d 421. Suffered affirmance of judgment that plaintiff's negligent attorney could not be liable for failing to obtain a default judgment greater than plaintiff's actual damages.

Newman v. Wilson, Ryan and Campilongo (1996) A065425. Obtained affirmance of judgment for plaintiff against former attorney who persuaded client to sue to on oral contract held to be unenforceable.

Alexander v. Wells Fargo Bank (1994) F020144. Obtained affirmance of award of contractual attorney fees to defendant after plaintiff's case was dismissed for delay in prosecution.

Retirement Residences of the West, Inc. v. Bank of America NT & SA (1993) A057948. Settled $1 million judgment against clients for Bank's attorney fees for $275,000.

MFG Sales, Inc. v. Wells Fargo Bank (1992) B063199 Obtained reversal of trial court order that denied the Bank's claim for contractual attorney fees incurred in the defense of a tort claim.

Kemp v. Sublet (1992) H008428. Suffered affirmance of confirmation of arbitration award determining the rights of former law partners under the retroactive application of the Moncharsh rule eliminating judicial review for plain error.

Redmond v. Plastiras (1990) A045831. Obtained affirmance of judgment in partnership dissolution action awarding respondents $232,000 in attorney fees derived from partnership cases.

Wienholz v. Kaiser Foundation Hosp. (1989) 217 Cal.App.3d 1501. Suffered reversal of attorney fee award under MICRA amendment that allowed a higher fee than provided in the retainer agreement under original MICRA statute.

Belli v. Shaw (Wn. 1983) 657 P.2d 315. Suffered affirmance of JNOV that nullified jury award of attorney fee deemed to be a referral fee, invalid under Washington law.

Automobiles

Garza v. Neumann Farms et al (1999) F032756. Obtained $2.3 million settlement of judgment for plaintiff whose car was struck by farm equipment, causing brain damage.

Summers v. A.L. Gilbert Co. (1999) 69 Cal.App.4th 1155. Suffered reversal of $1.7 million wrongful death judgment based on the defendant's nondelegable duty and negligent hiring of trucker who killed plaintiffs' decedent.

Torres v. CEH Transportation et al. (1999) B113256. Suffered affirmance of judgment that truck driver had not struck the vehicle that struck plaintiff's motorcycle.

Mardesich v. Golden Gate Bridge, Highway and Transportation Dist. (1997) A076581. Obtained settlement after briefing of plaintiff's judgment for injuries caused by bus driver running red light.

Yusi v. State of California (1995) A068562. Settled $1 million judgment on appeal for negligence of Highway Patrol officer who cut off plaintiff's vehicle.

Campos v. Burn (1995) A067520. Settled $1.4 million judgment for plaintiff's brain damage caused by defendant's negligent entrustment to unlicensed driver.

Caldwell v. A.R.B., Inc. (1986) 176 Cal.App.3d 1028. Suffered affirmance of summary judgment that defendant's employee driving home from work was not in the course and scope of employment.

Foss v. Anthony Industries (1983) 139 Cal.App.3d 794. Obtained reversal of nonsuit, assigning to defendant general contractor the burden of proving the non-employee status of unlicensed subcontractor whose truck killed plaintiff's decedent.

Gutierrez v. Souza (1982) 3 Civ. No. 21423. Obtained new trial for plaintiffs whose decedents were struck by a passing truck; obtained affirmance of new trial order on appeal.

Mitroff v. Westinghouse Broadcasting & Cable Co., Inc. (1987) A032036. Obtained affirmance of $693,000 award for motorcycle officer injured in auto accident while on duty.

Aviation

Verbil v. AVCO Corporation, Ninth Cir. No. 92-16088 (1993), appeal from 792 F.Supp. 1189. Obtained settlement after briefing for full amount of $3 million judgment for two wrongful deaths and one personal injury resulting from defective airplane engine crankcase.

Air France v. Saks, 470 U.S. 392, 105 S.Ct. 1338, 84 L.Ed.2d 289 (1985). Suffered reversal of Ninth Circuit judgment that had permitted an international airline passenger to recover from the airline under the Warsaw Convention for an ear injury caused by a normal change in cabin pressure.

Brocklesby v. United States of America and Jeppesen & Co., 767 F.2d 1288 (9th Cir. 1985). Obtained affirmance of $17 million judgment for chartmaker's depiction of a faulty government airport approach procedure.

Beins v. United States of America, 695 F.2d 591 (D.C. Cir. 1982). Suffered affirmance of judgment that plaintiff airline pilot had not been negligently denied a medical certificate by the F.A.A.

Bailment

Magliocco v. American Locker Co., Inc. (1987) A029959. Suffered reversal of judgment for bailor because bus depot locker company that misdelivered plaintiff's property was not a bailee.

Business

JB & LE Venture v. Mutual Life Ins. Co. of New York (1998) 9th Cir. No. 97-15278. Obtained reversal of summary judgment, reinstating plaintiff's claim that defendant breached two agreements to refinance the Sacramento Hyatt Regency Hotel.

Messano v. Wells Fargo Bank (1996) A064344. Obtained affirmance of defense judgment for Bank, denying plaintiff's tort claims arising out of repossession of loan collateral.

Container Corp of America v. Pioneer Packing, Inc. (1992) B059375. Suffered reversal of judgment holding non-contracting party liable for contract debt on theory of ostensible agency.

Balboa Ins. Co. v. Trans Global Equities, Inc. (1990) 218 Cal.App.3d 1327. Suffered affirmance of judgment for unfair competition against computerized loan collateral tracking service.

Boam v. Trident Financial Corp. (1992) 6 Cal.App.4th 738. Suffered affirmance of judgment in favor of real estate investors for general partner's securities fraud.

Killian v. Millard (1991) A036176. Suffered affirmance of judgment that corporate employer could deliver to employees stock in a corporation different from the one promised.

Gladstone v. Hillel (1988) 203 Cal.App.3d 977. Suffered affirmance of judgment that defendants had wrongfully ousted plaintiff from jewelry joint venture.

Lucas v. Schenk (1987) F006864. Obtained reversal of judgment against general contractor whose written contract with subcontractor had been erroneously rejected as adhesive.

Tully-Smith, M.D. v. Catchpool, M.D. (1987) A030105. Suffered affirmance of judgment enforcing partnership buy-out provision in favor of dissolving partner.

Civil Procedure

Hamilton v. Asbestos Corp. (2000) 22 Cal.4th 1127. Filed brief amicus curiae for Asbestos Victims of America, obtaining disapproval of Darden v. General Motors Corp. (1995) 40 Cal.App.4th 349, so that an asbestos victim may file a second action for a disease different from the disease alleged in a prior action.

Todd Shipyards v. Superior Court (Vinal) (2000) S083867. Defeated writ petition and petition for review by asbestos defendant claiming bar under Bockrath v. Aldrich Chemical Co. (1999) 21 Cal.4th 71.

Pitre v. Raybestos-Manhattan, Inc. (1999) A082563. Suffered affirmance of summary judgments denying asbestos victim's claim for mesothelioma because plaintiff had earlier filed an unverified complaint for asbestosis and cancer.

Richmond v. A.P. Green Industries, Inc. (1998) A071729. Filed brief amicus curiae, obtaining appellate court's affirmance of judgment for mesothelioma in plaintiff's second asbestos action, even though plaintiff had filed a prior action for nonmalignant disease.

Mosier v. Southern Cal. Physicians Exchange (1998) 63 Cal.App.4th 1022. Suffered reversal and remand for new trial of $18 million judgment awarding compensatory and punitive damages for defendant's fraud and conspiracy in failing to obtain independent counsel to provide "courtesy" defense to an uninsured doctor in a medical malpractice action.

Gatton v. A.P. Green Services (1998) 64 Cal.App.4th 688. Suffered affirmance of summary judgment after trial court excluded deposition establishing that defendant's asbestos products were at the decedent's worksite.

Davis v. KGO-T.V., Inc. (1998) 17 Cal.4th 436. Suffered affirmance of decision that a prevailing plaintiff under the Fair Employment and Housing Act may not recover expert witness fees.

Sullivan v. Delta Airlines, Inc. (1997) 15 Cal.4th 288. Filed amicus brief obtaining reinstatement of non-economic damages despite plaintiff's death pending appeal.

Edick v. Owens-Corning Fiberglas, Inc. (1996) A066454. Obtained affirmance of order allocating 40% of pretrial personal injury settlements to personal injury case and 60% to a future wrongful death case.

Stadtmiller v. Fibreboard Corp. (1995) A064693. Obtained reversal of dismissal erroneously based upon plaintiff's naming of fictitious defendants in the caption but not in the allegations of the First Amended Complaint.

Stenseth v. Wells Fargo Bank (1995) 41 Cal.App.4th 457. Obtained partial reversal of judgment against Bank for conversion of customer's funds on forged endorsement because the customer's proof of loss was based in part on reconstructed records, not copies of forged checks, violating the best evidence rule.

Rotzin v. Sterling Motors Cars (1994) A058869. Obtained reversal of judgment entered upon judicial arbitration award in denial of plaintiff's right to trial de novo.

Dupire v. Higgins et al. (1994) A062071. Obtained affirmance of judgment on judicial arbitration award for mishandling of decedent's remains.

Goldrich v. Natural Y Surgical Specialties, Inc. (1994) 25 Cal.App.4th 772. Suffered affirmance of summary judgment based on statute of limitation that barred complaint of silicone breast implant victim.

Williamson v. Plant Insulation (1994) 23 Cal.App.4th 1406. Suffered reversal of award of noneconomic damages where judgment was entered nunc pro tunc for plaintiff who died before rendition of jury verdict in second phase of trial.

Killian v. Millard (1991) 228 Cal.App.3d 1601. Obtained reversal of trial court order invalidating agreements between investors and plaintiffs to fund litigation in exchange for a share in the recovery.

Loeb v. Wagner (1990) 3 Civ. C004159. Suffered affirmance of dismissal of complaint for trial attorney's lack of prosecution.

Walker v. Western MacArthur Co. (1989) A039044. Obtained reversal of conditional new trial order that reduced the award of damages without specifying reasons why the award was excessive.

McDonald v. Fairchild Industries, Inc. (1988) A038311. Obtained reversal of judgment on demurrer, allowing plaintiff to amend complaint to substitute Fairchild for a doe defendant.

Medo v. Superior Court (Raymark) (1988) 205 Cal.App.3d 64. Obtained writ of mandate allowing plaintiff to prove punitive damage liability of asbestos manufacturer to a new jury, without requiring plaintiff to reestablish liability.

Forsell v. Superior Court (1988) A040042. Obtained reversal of judgment for defendant estate to allow suit without filing a claim to the extent of estate's insurance coverage.

Tauscher v. United States of America (1988) 9th Cir. No. 86-2873. Suffered affirmance of denial of motion to vacate dismissal due to trial counsel's lack of prosecution.

Quaranta v. Merlini (1987) 192 Cal.App.3d 22. Obtained reversal of dismissal, allowing service on absent defendant by publication more than three years after filing the complaint.

Gagliano v. White, M.D. (1986) H000412. Suffered affirmance of dismissal as to physician served more than three years after filing of the complaint.

Buckleman v. Superior Court (Steven Gray, Jr.) (1985) A031802. Obtained denial of defendant's petition for writ of mandate seeking further discovery after continuance of original trial date.

Millman v. Crowley (1985) A019355. Obtained affirmance of $100,000 default judgment against attorney who failed to file a timely complaint against a public entity.

Borglund v. Bombardier, Ltd. (1981) 121 Cal.App.3d 276. Obtained reversal of dismissal despite seven-year delay in bringing case to trial.

Angelus v. City of Los Angeles (1978) 2d Civ. No. 52505. Suffered affirmance of new trial order requiring city to pay additional $12,000 or submit to new trial.

Johns v. City of Los Angeles (1978) 78 Cal.App.3d 983. Obtained reversal on rehearing of new trial order for jurors' racial bias in wrongful death case.

City of Los Angeles v. Superior Court (1978) 2d Civ. No. 52879. Obtained writ of mandate allowing city to refuse to disclose confidential reliable informant at trial.

Construction

Elsner v. Uveges (2004) 34 Cal.4th 915. Obtained reversal of Court of Appeal decision barring admissibility of OSHA standards to establish third party defendant's negligence per se under 1999 amendments to Labor Code  6304.5.

Kinsman v. Unocal Corp. (2003) 110 Cal.App.4th 826. Obtained grant of review (S118561) to consider whether premises liability under Rowland v. Christian for exposing plaintiff to asbestos without warning or protection is limited by the Privette doctrine.

Damages

Overly v. Ingalls Shipbuilding, Inc. (1999) 74 Cal.App.4th 164. Obtained affirmance of judgment awarding "lost years" damages (pension, social security and "household services" benefits) that plaintiff would have received during his shortened life expectancy, with no deduction for personal consumption.

Defamation

Callaghan et al. v. O S Computer City et al. (1994) A061200. Obtained reversal of summary judgment, reinstating claim for defamation of plaintiffs' businesses by defendant publisher and advertiser.

Elections

White v. Church (1986) 185 Cal.App.3d 627. Obtained writ of mandate invalidating special statute that canceled San Mateo County Sheriff's election.

Selph v. Council of City of Los Angeles, 390 F.Supp. 58 (C.D. Cal. 1975). Obtained judgment that city's inaccessible polling places did not violate civil rights of handicapped persons; appeal dismissed, 503 F.2d 881 (9th Cir. 1979).

Employment

Miller v. Department of Corrections (2005) 36 Cal.4th 446. Briefed and argued for amicus curiae for plaintiffs, obtaining reversal of summary judgment with ruling that warden's sexual relations with (and promotion of) female subordinates could constitute sexual harassment of other female employees (who also stated a claim for retaliation).

Molina v. City of Oxnard, Ninth Cir. No. 01-57096 (2003 WL 68083). Obtained reversal (as consultant to plaintiff) of summary judgment on plaintiff's claim for retaliatory discharge for exercise of First Amendment rights.

Nienaber v. Pape Group, Inc. (1999) A081615. Obtained affirmance of judgment forwrongful termination and obtained reversal of summary adjudication rejecting plaintiff's age discrimination claim.

Pearl v. Pacific Bell (1999) A083599. Suffered affirmance of summary judgment denying wrongful termination claim of employee assaulted by co-employee.

Kleckner v. United Air Lines, Inc. (1998) A078651; A079320. Obtained affirmance of $2 million judgment for gender discrimination and sexual harassment of airline mechanic.

Hill v. MacMillan/McGraw Hill, Inc. (1998) Ninth Cir. No. 97-16434. Obtained affirmance of $425,000 judgment for wrongful termination of Chief Financial Officer.

Joel v. Valley Surgical Center (1998) 68 Cal.App.4th 360. Obtained reversal of dismissal, allowing doctor to recover from hospital for wrongful suspension of privileges.

Gomes v. Regents of the University of California (1997) B093740. Obtained affirmance of $1.4 million judgment for University's retaliatory denial of full professorship to female medical school professor who had complained of gender discrimination.

Pulido v. State of California (1996) A0676943. Obtained affirmance of $1.8 million judgment for supervisor's sexual harassment of female prison officer.

Csutoras v. KRPQ 105 FM (1993) A054681. Obtained settlement of $600,000, in addition to trial court judgment for plaintiff, for employer's sexual harassment.

Bailey v. Foodmaker, Inc. (1990) A036667. Obtained affirmance of judgment for tortious discharge in violation of public policy; obtained increase of punitive damage award from $500,000 to $750,000.

Gardner v. Charles Schwab and Company, Inc. (1990) 217 Cal.App.3d 1303 (depublished). Obtained partial affirmance of award of economic damages for wrongful termination; obtained depublication of opinion for denial of recovery for negligent infliction of emotional distress.

Pellacore v. Safeway Stores, Inc. (1988) A030470. Obtained affirmance of award of lost future wages to long-term employee terminated without cause and in breach of covenant of good faith and fair dealing.

Rice v. Stauffer Chemical Co. (1987) 9th Cir. Nos. 86-1923, 86-1955, 86-2390, 86-2391. Obtained affirmance of $226,000 judgment for age discrimination; obtained reversal of summary judgment that barred punitive damage claim; obtained $49,770 award of attorney fees on appeal.

Family Law

In Re Marriage of Anderson (1984) 154 Cal.App.3d 572. Obtained affirmance of judgment that residence deeded by husband to husband and wife solely for refinancing was community property.

Government Liability

Munoz v. City of Union City (2004) 120 Cal.App.4th 1077. Obtained partial affirmance of wrongful death judgment for police officer's shooting death of plaintiffs' decedent.

Stewart v. State of California (2002) H022252. Briefed and settled $15 million judgment for motorcyclist's catastrophic spinal cord and brain injuries from decreasing radius

turn, causing collision with oncoming vehicle.

Alvarez v. County of Kern (2001) F032064. Obtained affirmance of new trial order based on inconsistent verdict regarding roadway's dangerous condition.

Bennett v. Regents (2001) B135382. Obtained reversal of judgment on demurrer, allowing plaintiffs to proceed on claim for desecrating remains of bodies donated for research.

Adams v. State of California (1994) A061231. Obtained affirmance of $1.1 million judgment for injuries inflicted by dangerous condition of state highway.

Rye v. City and County of San Francisco (1993) A058042. Suffered affirmance of judgment of nonsuit that City was not liable for plaintiff's injuries sustained while loading barricades to avert an emergency created by the City's excavation on a public right of way.

Jordy v. County of Humboldt (1992) A050084. Suffered affirmance of new trial order setting aside judgment based on county's nondelegable duty of care for foster child injured by foster parent's negligence.

Washington v. City and County of San Francisco (1990) 219 Cal.App.3d 1531. Obtained affirmance of $792,000 wrongful death judgment based on dangerous condition of intersection.

Molsbergen v. United States of America, 757 F.2d 1016 (9th Cir. 1985). Obtained reversal of dismissal of heirs' suit for the federal government's post-service failure to warn of in-service radiation hazard.

Cochran v. Herzog Engraving Co. (1984) 155 Cal.App.3d 405. Suffered affirmance of summary judgment according governmental immunity to fire department's negligent failure to eliminate a known fire hazard.

Sandoval v. United States of America (1983) 9th Cir. No. 82-4057. Suffered affirmance of judgment that Army was not liable for failure to retain possession of practice hand grenade that injured a civilian.

Jackson v. Clements (1983) 146 Cal.App.3d 983. Suffered affirmance of judgment that sheriff deputies owed no duty to prevent intoxicated teenager from driving vehicle, causing three deaths.

Krasenes v. City of Los Angeles (1980) 1 Civ. No. 43580. Obtained affirmance of dismissal for failure to serve the city within three years of filing and for failure to comply with the claim statute.

Hinton v. City of Los Angeles (1979) 2 Civ. No. 52730. Obtained affirmance of order denying relief from claim requirement.

Lee v. City of Los Angeles (1978) 2d Civ. No. 50911. Obtained affirmance of nonsuit where plaintiff claimed an intersection constituted a dangerous condition of public property.

Crosswhite v. City of Los Angeles (1978) 2d Civ No. 53262. Obtained affirmance of trial court order denying petitioner relief from failure to present a timely claim.

McMahon v. City of Los Angeles (1978) 2d Civ. No. 53267. Obtained affirmance of denial of relief from failure to present a timely claim.

Mikialian v. City of Los Angeles (1978) 79 Cal.App.3d 150. Obtained affirmance of nonsuit where plaintiff was rendered paraplegic at accident scene supervised by city police officers.

Munoz v. Olin (1979) 24 Cal.3d 629. Suffered affirmance of judgment against city in wrongful death of fleeing arson suspect.

Wilson v. City of Los Angeles (1979) 2d Civ. No. 53200. Obtained reversal of JNOV that nullified the jury's finding of decedent's comparative negligence.

Tyus v. City of Los Angeles (1977) 74 Cal.App.3d 667. Obtained affirmance of denial of relief from failure to present a timely claim.

Beltram v. Appellate Department (1977) 66 Cal.App.3d 150. Obtained amendment of notice of appeal to include the city's employee and reversal of money judgment against city for denying detainee the right to see an attorney.

Insurance

Hangarter v. Provident Life and Acc. Ins. Co. (9th Cir. 2004) 373 F.3d 998 (affirmed judgment for bad faith denial of disability benefits, including $5 million punitive damages).

McGregor v. The Paul Revere Life Ins. Co. (2004) (9th Cir. No. 02-16817) Affirmed $1 million award for insurer's bad faith denial of benefits to disabled court reporter.

Pacific Employers Insurance Company v. Olsen (1999) AO83032. Obtained $600,000 settlement of coverage dispute between auto accident victim and the excess insurer of the defendant driver's employer.

Fmali Herb Inc. v. Industrial Indemnity (1997) H013984. Obtained partial reversal of judgment to allow plaintiff to recover lost officers' time expended in establishing coverage that insurer wrongfully denied.

Armstrong World Industries, Inc. v. Aetna Casualty & Surety Co. (1996) 45 Cal.App.4th 1. Obtained reversal and ruling that insurer was not required to provide $30 million in coverage for liabilities acquired by the insured in a post-policy merger with the tortfeasor.

Jones v. Blue Cross of California (1993) 19 Cal.App.4th 220. Obtained affirmance of order confirming arbitration award that barred health insurer from reducing benefits and awarded attorney fees for insurer's bad faith denial of benefits.

Kentucky Central Life Ins. Co. v. Marin Bay Park Trust (1992) Ninth Circuit No. 91-15004. Suffered affirmance of summary judgment that applied smoking exclusion to deny coverage by life insurance policy.

American Motorists Ins. Co. v. R.W. Beck & Associates (1990) A046185. Suffered reversal and remand of summary adjudication that excess insurer's unrestricted following form endorsement was unambiguous and obligated the excess carrier to share in the cost of defending a claim that consumed the excess carrier's $10 million of coverage.

Fitzgerald v. Transamerica Ins. Co. (1990) A041518. Suffered affirmance of summary judgment denying third party claim for insurer's intentional infliction of emotional distress.

Ramirez v. USAA Casualty Ins. Co. (1991) 234 Cal.App.3d 391. Obtained affirmance of new trial order that allowed insured's passenger to proceed against insurer for bad faith refusal to disclose coverage and bad faith refusal to pay policy benefits.

Syverson v. Centennial Ins. Co. (1988) A037773. Obtained affirmance of $500,000 award of compensatory and punitive damages for defendant insurer's bad faith refusal to attempt to settle plaintiff's claim.

Intellectual Property

Yeti By Molly Ltd. v. Deckers Outdoor Corporation, Ninth Cir. No. 99-36112 (2002) Suffered affirmance of money judgment for defendant's infringement of plaintiff's trademark shoe design.

Interference

RAF Enterprises, LLC, et al., v. Trident, LLC, A098529 (2005). Obtained affirmance of $9 million judgment for defendant's intentional interference with plaintiff's contract to take over restaurant tenant on defendant's property.

Maritime

Donaldson v. National Marine, Inc. (2005) 35 Cal.4th 503, Obtained affirmance in the Supreme Court and the Court of Appeal (Donaldson v. National Marine, Inc. (2002) 101 Cal.App.4th 552) of a $1.8 million judgment, vindicating California jurisdiction over Jones Act claim for out-of-state asbestos exposure.

Balkwell v. American President Lines, Ltd. (2000) A085714. Obtained affirmance of $625,000 judgment under the Jones Act for seaman's negligently inflicted injuries.

Medical Malpractice

Schiff v. Prados (2001) 92 Cal.App.4th 692. Suffered affirmance of summary judgment for defendant doctor who, by failing to disclose known alternative cancer treatment, induced plaintiffs to treat their daughter with deadly radiation doses.

Salgado v. County of Los Angeles (1998) 19 Cal.4th 629. Obtained reversal based on Supreme Court ruling that award for medical malpractice plaintiff's pain and suffering constitutes a present lump sum, not to be distributed in periodic payments over the plaintiff's lifetime.

Panduro v. County of Los Angeles (1999) B118305. Obtained $5 million settlement of medical malpractice judgment for County's negligent failure to diagnose and treat plaintiff's footling breech delivery.

Miller v. Brown (1992) C010315. Obtained reversal of summary judgment that erroneously conferred Good Samaritan immunity upon consulting obstetrical specialist.

Kalionzes v. Klay (1991) A042836. Obtained reversal of defense judgment because erroneous instruction on contributory negligence suggested to jury that defendant doctor's negligence was not the proximate cause of plaintiff's injuries.

Hutchinson v. United States of America, 915 F.2d 560 (9th Cir. 1990). Obtained reversal of defense judgment based on appellate finding that a reasonable asthma patient, improving under conservative treatment, would not have consented to high doses of prednisone, thus avoiding hip injuries; remanded for damages.

Hutchinson v. United States of America, 841 F.2d 966 (9th Cir. 1988). Obtained reversal of defense judgment to allow asthma patient to prove he would not have consented to prednisone, which caused severe hip injuries.

Vierra v. Superior Court (1988) A040704. Obtained settlement after issuance of alternative writ that required defendant doctor to justify ex parte communications with plaintiff's subsequent treating physicians.

Buckmaster v. Crouse, M.D. (1986) A028594. Obtained reversal of summary judgment for defendant, allowing the plaintiff to allege concealment that tolled the statute of limitations.

Brown v. Trucker (1984) A018352. Obtained reversal of defense judgment based on erroneous exclusion of doctor's representations to other patients and erroneous admission of plaintiff's drug history.

Jacoby v. Kaiser Foundation Hospitals (Ha. App. 1981) 622 P.2d 613. Obtained reversal of summary judgment entered against plaintiff based on statute of limitations.

Hill v. Superior Court (Scopak) (1980) 1 Civ. No. 49381. Obtained denial of writ petition that sought dismissal for failure to file a timely certificate of merit.

Nelson v. Gaunt (1981) 125 Cal.App.3d 623. Obtained affirmance of $1.5 million punitive damage award against doctor for intentional misrepresentation.

Santa Rosa Memorial Hospital v. Superior Court (1985) 174 Cal.App.3d 711. Obtained writ of mandate allowing plaintiff to discover hospital infection control records in the custody of a medical staff committee.

Snyder v. Sweat (1980) 1 Civ. No. 51933. Obtained stipulated new trial after filing appellant's opening brief demonstrating plaintiff had been wrongfully denied additional time to file complaint after serving notice of intent to sue on defendant doctor.

Negligence

Oemig v. Southdown, Inc. E034032 (2005). Obtained affirmance of $5 million judgment for paraplegic injured when truck on defendant's property swerved to avoid defendant's train, striking plaintiff's vehicle.

Davila v. J.W.D. Enterprises, Inc. et al. (2005) D042717. Obtained affirmance of $7 million judgment against project owner for compensatory and punitive damages for wrongful death and personal injury caused by negligence of uninsured, unlicensed contractor.

Gutierrez v. State Pipe and Supply (1999) E021197. Obtained affirmance of $4 million judgment for defendant's negligent unloading of pipe onto illegal alien, crushing plaintiff's legs.

Gutterman v. Galapago Inn (1997) Ninth Cir. No. 97-15040. Obtained affirmance of $1.6 million judgment for defendant's negligent transfer of plaintiff with scuba diving injuries to an inferior Mexican hospital.

Partnership

Meyer v. Secured Investment Advisors, Inc. (1999) B141329. Suffered affirmance of judgment rejecting investor's claim of fraud by general partners of real estate limited partnership.

Premises

Kinsman v. Unocal (2005) __Cal.4th__. Suffered reversal of judgment for oil refinery's knowing installation and removal of asbestos because premises liability instructions did not satisfy more restrictive liability rules under the Privette doctrine.

Barclay v. Jesse M. Lange Distributor, Inc. (2005) 129 Cal.App.4th 281. Obtained reversal of summary judgment that erroneously ignored landowner's duty to place fire extinguishers near hazardous fuel tank operations.

Browne v. Turner Construction Co.(2005) 127 Cal.App.4th 1334. Obtained reversal of summary judgment that ignored project owner's assumed duty to continue to provide safety equipment.

Mindham v. Plant Insulation (1998) A078522. Suffered affirmance of summary judgment based on insufficient evidence that defendant general contractor was responsible for the site of plaintiff's asbestos exposure.

Product Liability

Vinet v. Allegiance Healthcare Corp. (2004) A102591. Assisted in settlement on appeal of $1.4 million judgment for infant severely injured by chemicals leaking from defendant's foot-warmer.

Henley v. Philip Morris Companies, Inc. (2003) 114 Cal.App.4th 1429, cert. den. (2005) 125 U.S. 1640. Obtained affirmance of $1.5 million judgment for cancer caused by defendant's fraud and concealment and $9 million appellate award of punitive damages (California's first affirmance of a punitive damage award against a cigarette maker).

Arnold et al. v. Versa Products Inc. (2003) A099004. Obtained reversal of judgment after trial in which plaintiff's injuries from collapse of defective ladder were excluded.

Taylor v. John Crane Inc. (2003) 113 Cal.App.4th 1063. Obtained affirmance (in unpublished portion of opinion) of judgment for plaintiff's mesothelioma from defendant's asbestos products.

Myers v. Philip Morris Companies, Inc. (2002) 28 Cal.4th 828. Obtained reversal of dismissal of smoker's suit based on ruling allowing recovery for tobacco company misconduct before 1988.

Naegele v. R.J. Reynolds Tobacco Co. (2002) 28 Cal.4th 856. Obtained reversal of dismissal of smoker's suit to allow recovery for chemical additives to tobacco after 1988.

Romo v. Ford Motor Co., Inc. (2002) 99 Cal.App.4th 1115. Obtained (as appellate consultant) affirmance of $5 million compensatory award, reinstatement of $290 million punitive damages award for a weak plastic roof that killed three passengers in a rollover, and the California Supreme Court's denial of review.

Hackett v. John Crane, Inc. (2002) 98 Cal.App.4th 1233. Obtained affirmance of $5 million judgment for asbestos worker and spouse; obtained reversal of settlement allocation order to increase judgment by reducing defendant's Proposition 51 credit for prior settlements.

Hicks v. John Crane (2001) A088508, A088889. Obtained affirmance of $5 million judgment for asbestos injuries.

Haas v. Calaveras Asbestos (2001) A088038. Obtained affirmance of $900,000 judgment for asbestos injuries.

Dendy v. Sears, Roebuck et al. (1999) A070356. Obtained affirmance of $3.8 million judgment for compensatory and punitive damages because design defects in defendants' saw caused the amputation of plaintiffs' hand.

Vance v. Keller Industries, Inc. (1998) H015131. Obtained affirmance of $700,000 judgment for injuries caused by defective ladder design.

Newman v. Lorillard, Inc. (1998) A075584. Obtained affirmance of judgment awarding compensatory damages for defendants' sale of Kent cigarettes with asbestos in the filter, inflicting mesothelioma on plaintiff.

Hodges v. McNeil Consumer Products Co. (1998) A076349. Suffered affirmance of summary judgment that drug manufacturer's failure to warn was not a cause of plaintiff's near-fatal overdose of Infants' Tylenol.

Horowitz v. Lorillard, Inc. (1997) A072695. Obtained affirmance of judgment awarding $2 million in compensatory and punitive damages for defendants' sale of Kent cigarettes with asbestos in the filter, inflicting mesothelioma on plaintiff.

Gatton v. Raybestos-Manhattan, Inc. (1997) A07357. Obtained affirmance of $1.6 million judgment for plaintiffs' injuries from exposure to asbestos in brake products.

Brown v. Owens-Corning Fiberglas (1997) A067897. Settled appeal and cross-appeal regarding judgment awarding damages for plaintiff's exposure to asbestos, including punitive damages based on spouse's loss of consortium.

Peterson v. Owens-Corning Fiberglas Corp. (1997) A065358. Settled after briefing defendant's appeal of judgment awarding damages for asbestos-related wrongful death.

Stevens v. Owens-Corning Fiberglas Corp. (1996) 49 Cal.App.4th 1645. Obtained affirmance of $2 million punitive damage award against asbestos manufacturer who failed to present to jury evidence of prior punitive damage awards.

Bonagua v. Owens-Corning Fiberglas Corp. (1996) A067398. Obtained reversal of judgments applying Proposition 51 to asbestos injuries sustained before June 4, 1986 but manifesting after that date, and obtained affirmance of recovery for fear of cancer and $1.5 million in punitive damages for sale of asbestos products without appropriate warning.

Blalock v. Owens-Corning Fiberglas Corp. (1996) A063669. Obtained affirmance of $500,000 loss of consortium award and $1 million punitive damage award.

San Francisco Unified School Dist. v. W.R. Grace & Co. (1995) 37 Cal.App.4th 1318. Obtained reversal of summary judgment on statute of limitations, reinstating the District's $20 million claim for asbestos contamination of school buildings.

Pringle v. Owens-Corning Fiberglas Corp. (1995) A062632. Obtained affirmance of $1.7 million judgment for husband's asbestos-related mesothelioma.

McClure v. Pierotti Motors, Inc. (1995) A061475. Obtained affirmance of $1.8 million net judgment for defendant's sale of pick-up truck with defectively modified tailgate and suspension, inflicting double leg amputation on plaintiff.

Richie v. Bridgestone/Firestone (1994) 22 Cal.App.4th 335. Obtained reversal of nonsuit and sanctions to permit plaintiff's recovery from brake manufacturer for asbestos injuries under market share theory.

Dumin v. Owens-Corning Fiberglas Corp. (1994) 28 Cal.App.4th 650. Suffered affirmance of nonsuit for lack of evidence that plaintiff was exposed to defendant's asbestos-containing product.

Hansen v. Chevron Corp. (1993) A049583. Suffered affirmance of defense judgment based on trial court's exclusion of evidence that defendant's solvent caused leukemia.

Wheeler v. Raybestos Manhattan (1992) 8 Cal.App.4th 1152. Obtained reversal allowing asbestos victims to recover from brake product manufacturers under market share liability (Sindell), without identifying manufacturers of products plaintiffs were exposed to.

Bridgestone/Firestone, Inc. v. Superior Court (Rios) (1992) 7 Cal.App.4th 1384. Suffered the issuance of a writ of mandate compelling the trial court to protect a tire manufacturer's trade secret formulas from discovery.

Eastmen v. Johns-Manville Corp. (1989) A038991. Suffered affirmance of judgment denying recovery for fear of disease from exposure to asbestos-containing products.

Bracy v. Hooker Chemical, Inc. (1988) C000745. Obtained affirmance of punitive damage award for toxic pollution of plaintiffs' neighborhood.

Habermann v. Abbott Laboratories (1987) A025127. Obtained settlement after full briefing on statute of limitations for DES injuries.

Stern v. Dow Corning Corp. (1987) 9th Cir. No. 85-2345. Obtained settlement after oral argument of $1.7 million judgment for client's injury from defective silicone breast implant.

Kaminski v. Western MacArthur Co. (1985) 175 Cal.App.3d 445. Obtained affirmance of judgment against distributor's corporate successor for asbestos related disease based on consumer expectation test.

Lunghi v. Clark (1984) 153 Cal.App.3d 485. Obtained reversal of defense judgment, authorizing instructions on manufacturer's negligent failure to warn, negligent failure to retrofit, and consumer expectation theory of defect.

Punitive Damages

Simon v. San Paolo U.S. Holding Co., Inc. (2005) 35 Cal.4th 1159. Briefed and argued for amicus curiae CAOC, obtaining ruling that punitive damages may take into account the plaintiff's uncompensated harm.

Johnson v. Ford Motor Co. (2005) 35 Cal.4th 1191. Briefed for CAOC, obtaining ruling that punitive damages may take into account (but not require disgorgement of) the defendant's ill-gotten profits from other intentional violations of the Lemon Law.

Philip Morris USA v. Henley (2005) 125 S.Ct. 1640 (cert. denied). 2005 WL 430340. Participated in drafting Brief for Respondent in Opposition to Petition for Certiorari, leading to affirmance of $9 million punitive damage award.

Hangarter v. Provident Life and Acc. Ins. Co. (9th Cir. 2004) 373 F.3d 998 (affirmed judgment for bad faith denial of disability benefits, including $5 million punitive damages).

Real Property

Harlan Tait Associates v. Wells Fargo Bank (1999) A083114. Suffered affirmance of judgment that bank, as successor to developer, was liable for contractor's expense to repair a slide jeopardizing homes in a residential subdivision.

Sushi Maru v. Corte Madera Associates (1995) A066392. Settled $2.1 million judgment for landlord's fraud and breach of lease agreement, impairing tenant's profits over 10 year period.

Marris v. Quintana (1993) A058970. Obtained settlement for full amount of judgment awarding compensatory and punitive damages to client based on landlord's unreasonable refusal to consent to assignment of commercial lease.

Williams v. Ward (1993) D013496. Suffered affirmance of judgment that defendant's improvement violated subdivision CC&Rs requiring prior approval of architecture subcommittee.

Schreck v. Harte (1993) A052931. Suffered affirmance of judgment against defendants for interference with prospective economic advantage and for slander of title arising from dispute over existence and location of prescriptive easement.

Lockman v. Cairns (1987) A036060. Obtained affirmance of judgment establishing easement to plaintiff's property across defendants' lands.

On v. Cow Hollow Properties (1988) A027764. Obtained reversal on rehearing, establishing that real estate agent's filing of lis pendens enjoyed immunity under Civil Code  47.

Wills and Estates

Black v. Nopuente (2005) A102378. Suffered reversal for retrial of judgment upholding trust amendment that awarded decedent's estate to defendant.

Wagner v. Wagner (2001) A092164. Obtained partial affirmance of probate court order disinheriting co-executor and holding her liable for wrongful disbursement of trust assets and failure to rent trust property.

Wells Fargo Bank v. Daigle (1992) H007940. Obtained partial reversal of judgment that had awarded the decedent's money market accounts to the defendants as joint tenants in derogation of the will, despite defendants' violation of statutory requirements for the creation of a joint tenancy.

Cram v. Maxwell (1992) A050567. Obtained reversal of judgment imposing constructive trust over property that decedent orally promised to will to plaintiff.

Estate of Kostrikin (1988) A035111. Obtained reversal of judgment denying admission of decedent's will to probate on the ground of undue influence.

Gibbons v. Lloyds Bank of California (1989) A043731. Suffered affirmance of judgment enforcing oral contract to make a will.

Robert Joyce Hughes Reed v. Barbara Lapp Cameron (1983) Tex. Civ. App. No. 01-82-0097-CV. Suffered affirmance of judgment denying appellants' heirship claim to estate of Howard R. Hughes, Jr.

Zoning

Theresa Enterprises v. Davis (1978) 81 Cal.App.3d 940. Obtained reversal of preliminary injunction restraining enforcement of city's anti-nudity ordinances in topless bars.