Newmeyer Dillion’s client faced an international insurer that sought to force the client into a highly inconvenient forum overseas, in a fashion that would potentially leave the client facing the potential for inconsistent legal determinations between the arbitration and pending litigation involving another insurer. After a win at the trial court, Newmeyer Dillion and its client prevailed on appeal, permitting the case to move forward in a consolidated fashion in California litigation.
Breach of Commission Suit
Recovered a commission finder’s fee for a client that produced a ready, willing and able buyer for a large residential/commercial project.
Elimination of Real Property Encroachments and Easements
Cleared up dozens of golf course encroachments and claimed exclusive and non-exclusive easements by neighboring property owners.
Insurance Coverage and Broker Malpractice
Recovered millions of dollars from the insurer of a small business arising from a fire that caused pollutants to flow into the public sewer system, and recovered an additional million from its insurance broker.
Appellate – Complex Business Litigation
Drafted multiple opposition briefs on appeal and in response to petition for writ of supersedeas, defending a default judgment obtained by the client. Assisted in preparation of and presentation of oral argument to the Court of Appeal. Obtained affirmance in favor of client, which had significant positive ramifications for client’s commercial dealings worldwide.
Builder Insurance Bad Faith Claim
Successfully litigated multi-million dollar claim on behalf of a builder policyholder in Texas Federal Court.
Successfully obtained excess insurer funding for settlement of a multi-million dollar personal injury claim on the eve of trial, avoiding the need for the client to participate in a distressing trial.
Professional Liability Insurance Coverage Litigation
Litigated a multi-million dollar claim on behalf of a policyholder against a Professional Liability insurer, in Complex court and in the California Court of Appeal. Ultimately first-chaired the trial and mediated the claim to resolution.
Aas v. Superior Court
California Supreme Court decision establishing the economic loss rule that there is no recovery in tort for defects that have not caused damage to property other than the product itself.