Successes

Favorable Resolution for Employer Client with Multiple Title VII Cause Findings by Jessica Green
An employer client faced several Charges of Discrimination before the Nevada Equal Rights Commission (“NERC”). Following a lengthy investigation into each Charge, NERC found cause to believe discriminatory conduct occurred in only two of the Charges and issued reasonable cause findings. Both Charges were resolved through conciliation – each resulting in extremely favorable confidential settlements for the employer.

Resolution with Claimant Ends EEOC Investigation by Jessica Green
An employer facing multiple Charges of Discrimination before the EEOC teetered on the precipice of a full-scale investigation by the EEOC for institutional discrimination. Despite objections from the EEOC investigative team, we negotiated a favorable resolution with an individual claimant that ultimately led to the EEOC ceasing its investigation entirely.

Favorable Outcome & Attorney Fees Recovered in Real Estate Case by David Michael
In a commercial leasing bankruptcy case involving a debtor franchisee, we were able to counsel our landlord-client through the Chapter 11 process and successfully replace the debtor with a new tenant. We also recovered all of our client’s attorney fees from the debtor in the process.

Medical Malpractice Victory by Thomas Ludden and Karen Smyth
In Tyra v Organ Procurement Agency of Michigan, Michigan Supreme Court Nos.148079 and 148087, ___ Mich ___; ___ NW2d ___, we persuaded the Michigan Supreme Court to reverse the Michigan Court of Appeals and reinstate the trial court decision to grant summary disposition to our client on statute of limitations grounds. This case clarifies both the notice of intent requirements that a plaintiff must follow before filing a medical malpractice case and confirms that the failure of a plaintiff to follow these statutory requirements means that the filing of a medical malpractice lawsuit does not toll the statute of limitations.

Trial Victory by Bill Ebert and Sunny Jeong
Assistant Buffet Manager of a prominent casino resort was sued for allegedly orchestrating a series of intentional torts including false imprisonment, infliction of emotional distress, and defamation against plaintiff, based on racial animus. Plaintiff was represented by a prominent trial attorney who specializes in bringing such claims against casinos. Plaintiff sought compensatory and punitive damages. We successfully opposed Plaintiff’s efforts to remove the case from the cost effective non-binding arbitration program. After an arbitration award in our client’s favor, Plaintiff demanded a trial de novo. The jury returned a unanimous verdict in favor of our client and the casino.

Trial Victory by Joe Garin and Angela Ochoa
Insurance Broker client was sued for intentional and negligent misrepresentation. Plaintiff’s Pre-trial settlement demand was for $1.5 Million. We recommended an offer of judgment at $140,000 before trial. During the 6 day trial, the Court dismissed the intentional misrepresentation claim and the jury considered the negligent misrepresentation claim. The verdict was for approximately $58,000. However, based on offer of judgment sanctions, the client is entitled to recover approximately $35,000 and Plaintiff will take nothing.

Legal Malpractice Victory by Phillip Seltzer and Starr Kincaid
Michigan Lawyers Weekly described this case as one of the “Most Important Opinions of 2014″. In this groundbreaking case, the Michigan Court of Appeals ruled that the trial court correctly dismissed a legal malpractice suit against the attorney and his law firm because the underlying product liability claim plaintiffs’ asserted should have been pursued was statutorily preempted under the federal Medical Device Act (“MDA”). The opinion provides a ground breaking analysis of the MDA preemption defense and explains why the plaintiffs could never prove they would have succeeded on their underlying product liability claim necessary to sustain a viable legal malpractice suit.

Trial Victory by Joe Garin and Steve Keim
Real Estate Broker client was sued for 1) Breach of Contract, 2) Breach of Fiduciary Duties, 3) Violation of the Securities Act, and 4) intentional and negligent misrepresentation. Plaintiff’s damage model requested an award in excess of $1 Million. We recommended an offer of judgment for $20,000 before trial. Following 3 days of trial, the Court dismissed all claims against our client. Based on offer of judgment sanctions, the client was permitted to request an award of costs and attorney fees of $65,000. The case later resolved for less than the earlier offer of judgment.

Trial Victory by Joe Garin
Attorney client was sued for legal malpractice with respect to the handling of an underlying criminal matter. The case was tried for 3 days and the jury returned a verdict in favor of the attorney client.

Accounting Malpractice Victory by Bill Ebert and Jessica Green
The executor of an Estate fraudulently used the Estate’s assets to fund a Ponzi scheme, and concealed the fraud by grossly overpaying federal and state death taxes. The Decedent’s daughter sued Accounting Firm and individual accountants for malpractice for allegedly failing to timely file amended returns to obtain a refund of the overpaid taxes, and concealing the alleged failure. We obtained summary judgment by establishing that the daughter failed to properly reopen the Estate and to obtain appointment as the qualified representative of the Estate.

Legal Malpractice Victory by Joe Garin and Steve Keim
Attorney client was sued for legal malpractice with respect to the handling of mechanic liens and related litigation. Plaintiff requested damages in excess of $700,000. The trial court granted motion for summary judgment based on Plaintiff’s failure to fully litigate the underlying claim and the resulting inability to prove that there would have been a better outcome “but for” the alleged legal malpractice. Following victory in the trial court, we were awarded $113,968.52 in costs and attorney’s fees in our client’s favor. The case was later affirmed by the Nevada Supreme Court.

Favorable Settlement in Death Case for Bill Ebert
Decedent, an employee of a prominent casino resort, suffered a catastrophic stroke. Casino EMT did not recognize symptoms of stroke and delayed calling emergency medical services for approximately one hour. Decedent underwent intensive care for some ten days and ultimately expired. The adult and minor children of the Decedent sued for wrongful death, seeking compensatory and punitive damages. Medical specials for Decedent were in six figures. We eliminated the punitive damages claim on a motion to dismiss. We defended primarily on the bases of industrial injury immunity and lack of causation, engaging in significant expert investigation on both grounds. Prior to engaging in significant discovery, a mediation was held with resulted in a favorable confidential settlement.

Trial Victory by Joe Garin
Attorney client was sued for legal malpractice in the preparation of an estate plan. Plaintiff requested damages in excess of $1 Million. The case was tried for 4 days and the jury returned a verdict in favor of the attorney client.

Favorable Settlement in Catastrophic Injury Case for Bill Ebert, Sunny Jeong, and Steve Keim
Related Architectural Firms were target defendants for alleged professional negligence in a major catastrophic injury case. The General Contractor was also a target defendant. Multiple subcontractors and consultants were also sued. General Contractor unsuccessfully tried to sue our clients for contribution and indemnity. We succeeded in dismissal of cross claim on procedural grounds. While the contribution/indemnity claim was pending, Plaintiff delayed bringing Architectural Firms into the case for approximately a year. When Plaintiff brought Architectural Firms into the case as Defendants, General Contractor aggressively attempted to shift blame to Architectural Firms based on alleged professional negligence, designating multiple experts on the subject. During discovery, we succeeded in discrediting General Contractor’s experts, and severely limited the effectiveness of Plaintiff’s experts. As a result, General Contractor formally withdrew all of its liability experts and adopted our experts, thereby presenting a defense which of necessity exonerated Architectural Firms. Shortly thereafter, the case was resolved by a confidential global settlement under favorable terms for the Architectural Firms.

Legal Malpractice Victory by Joe Garin and Steve Keim
Attorney client was sued for legal malpractice with respect to transactional handling of a large internet based gambling website. Plaintiff sought damages in excess of $1,000,000. The United States District Court granted summary judgment in favor of Defendants based on Defendants’ analysis and interpretation of international law.

Dismissal in Multiple HOA Case Dismissals by Bill Ebert, Sunny Jeong, and Siria Gutiérrez
Multiple cases brought against multiple Home Owners Associations for alleged wrongful foreclosures of HOA liens. We have obtained multiple dismissals through pre-answer motions to dismiss, based on procedural defects and failure to state claims against the HOAs. In addition, through negotiation, multiple cases have been dismissed voluntarily by the plaintiffs.

Real Estate Victory by Joe Garin and Steve Keim
Real estate broker and agent clients were sued for breach of contract, breach of implied covenant of good faith and fair dealing, unjust enrichment, fraud, intentional misrepresentation, negligent misrepresentation, and violation of statutory duties based on their alleged failure to disclose material defects with the property. Prior to the Court’s ruling on Defendants’ motion for summary judgment, counsel negotiated a deal where Plaintiffs waived their right to appeal if Defendants’ motion was granted. The trial court ultimately granted summary judgment in Defendants’ favor as to all claims resulting in a complete defense for the clients.

Favorable Settlement in Malicious Tort Case for Bill Ebert and Siria Gutiérrez
Prominent Casino/Resort and one of its supervisors was sued for a variety of intentional torts, based on alleged intrusion in hotel room. Plaintiffs claimed significant medical injuries resulting in lost income opportunities, and sought compensatory damages for medical expenses, pain and suffering, and a six figure economic loss. Through expert discovery, we established causation defenses, as well as a strong liability defense. On the eve of trial the case was settled confidentially under favorable terms to our clients.

Legal Malpractice Victory by Joe Garin and Steve Keim
Attorney client was sued for legal malpractice regarding his handling of a personal injury case and underlying medical malpractice claim. Whereas co-defendants paid a six-figure settlement, counsel won a motion for summary judgment based on the expiration of the applicable statute of limitations. Client successfully defeated Plaintiffs’ motion for reconsideration and the Court awarded attorney’s fees and costs in clients’ favor, which were later leveraged to waive any appellate rights.

Legal Malpractice Victory by Joe Garin and Steve Keim
Attorney clients was sued for legal malpractice, breach of contract, and breach of implied covenant of good faith and fair dealing based on their alleged failure to obtain injunctive relief to prevent a foreclosure. Clients prevailed on their motion for summary judgment as to all claims. Pursuant to an offer of judgment, clients were entitled to over $65,000 in fees and costs, which clients leveraged to obtain a waiver of any appellate rights.

Real Estate Victory by Joe Garin and Steve Keim
Real Estate Trustee Company was sued for fraud based on their alleged improper and unauthorized non-judicial foreclosure on real property. Clients immediately filed a motion for summary judgment, which the trial granted finding all actions were authorized under Nevada law.

Legal Malpractice Victory by Joe Garin and Steve Keim
Attorney client was sued for malpractice based on his advice and services regarding an underlying real estate transaction. The complaint contained over 30 allegations against various co-defendants. Client filed a motion to dismiss for lack of subject matter jurisdiction. The United State District Court granted said motion stating it lacked jurisdiction under 28 USC 1367.

Anti-SLAPP Victory by Joe Garin and Siria Gutiérrez
Hospital Executive Client was engaged by a municipality to conduct an investigation into alleged misconduct by EMS personnel. As a result of the investigation, the EMS personnel were terminated. Later, the EMS personnel filed suit against our client and others. We filed an anti-SLAPP motion which was granted dismissing our client from the case. The Court awarded costs and fees in favor of our client for approximately $22,000.

Favorable Settlement in Complex Burn Case for Bill Ebert
Plaintiff, a young IT specialist employed by a major bank, was a guest at a major Casino/Resort. Plaintiff claimed a steam table malfunctioned, allegedly causing third degree steam burns and thermal nerve trauma including entrapment of the superficial branch of the radial nerve, all resulting in severe nerve damage. Plaintiff underwent multiple surgeries, which included efforts to relieve compression on the ulnar nerve, excision of portions of the nerve, and the harvesting of nerve tissue from the lower leg and transplanting it to the right arm. The nerve transplant procedures were complicated by serious infections at the lower leg harvest site. The infections resulted in significant permanent tissue loss which in turn resulted in very noticeable disfigurement to the calf. As a result of the complications, Plaintiff was left with a permanent limp. Plaintiff was diagnosed with Reflex Sympathetic Dsytrophy (RSD), more properly known as Complex Regional Pain Syndrome (CRPS) in his affected arm. The CRPS allegedly spread to his leg, related to the infection. Treatments for pain included stellate ganglion blocks and lumbar sympathetic plexus block injection were unsuccessful. Plaintiff underwent implantation of a permanent spinal cord stimulator to address his upper extremity CRPS. At the time of settlement, he and his physicians were considering the implantation of two additional spinal cord stimulators for his lower extremity complaints and alleged CRPS. We defended the case based on both liability and causation. We retained an expert in physics, including fluid dynamics and thermodynamics, to establish that Plaintiff’s version of events was not possible. We also retained an expert in upper extremity trauma to establish that the sequence of surgeries was caused by a pre-existing repetitive stress compression trauma, rather than the alleged burns. In addition, we retained an expert in neurology and CRPS to establish that the CRPS diagnosis was unsupportable. While we conducted percipient witness, document discovery, and confidential expert investigation, we simultaneously engaged Plaintiff’s counsel with overtures to engage in mediation prior to the designation of experts, and attendant expert discovery. At the mediation, we made heavy use of our still confidential experts to demonstrate the potential for an adverse result for Plaintiff, and were able to resolve the case with a confidential settlement.

Angela Nakamura Ochoa Successfully Prosecutes Bench Trial in Clark County District Court 
Angela Nakamura Ochoa successfully prosecuted a bench trial in the District Court of Clark County, Nevada.  This lead to judgment for the full amount sought on behalf of her client, an automobile leasing company, located in Cincinnati, Ohio.  The case required application of both Ohio and Nevada law, as there was a choice of law provision in the lease agreements.  Prior to trial, Ms. Ochoa obtained partial summary judgment as to liability against defendants, leaving solely the issue of damages at the time of trial.