mclaughlin sullivan, llp

CALIFORNIA LITIGATION SPECIALISTS

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RESULTS

  • United States Ninth Circuit Court of Appeals: We represented an insured in a bad faith insurance case against a cargo insurer. We were successful in reversing the trial court and establishing that our client was, in fact, covered for its loss under its insurance policy.

  • United States District Court, Eastern District: We successfully defended a local short-line rail carrier in a FELA suit brought against it by one of its former employees. The jury returned a unanimous defense verdict exonerating our client of any liability.

  • California Supreme Court: We represented a railroad company sued in a FELA claim by an injured worker. In obtaining relief for our client, we were also successful in overturning an appellate case that had been relied upon as authority by plaintiffs in FELA litigation for nearly fifty years.

  • California Fifth District Court of Appeals: We represented a business owner who was sued for fraud and breach of contract regarding the sale of his business. We were successful in preserving an order of summary judgment in favor of our client on appeal.

  • Alameda County Superior Court: We represented a widow whose accidental death claim was wrongfully denied by an insurance company based on its assertion that the spouse’s death was a result of intentional rather than accidental. The case was tried to a jury which returned a substantial verdict in favor of our client.

  • Fresno County Superior Court: We successfully defended a Fortune 500 company in lengthy and very complicated real estate litigation. In addition to prevailing on all of the property right disputes, we obtained a sizable award of attorneys’ fees and costs for our client. We subsequently successful defended the underlying favorable judgment on appeal, and then obtained a further award of attorney fees incurred on appeal.

    We also just recently successfully prosecuted a declaratory relief action on behalf of one of our insurance clients and, in doing so, established that the insurance policy issued by our client did not afford coverage for a claimed theft loss.

  • Kern County Superior Court: We are currently representing a number of clients in civil litigation venued in Kern County. We have tried a number of cases in the Bakersfield area and are often asked to represent clients with interest located in the southern San Joaquin Valley.

  • Madera County Superior Court: We quickly and successfully protected our contractor client from unfair competitive practices by obtaining injunctive relief that forced the adverse party to settle on terms favorable to our client.

  • Mariposa County Superior Court: We successfully defended an insurance company accused of engaging in bad faith.

  • Stanislaus County Superior Court: We successfully defended our client in a jury trial in which the plaintiff sought substantial and unwarranted damages allegedly caused by our client. In addition, as the prevailing party, we were also successful in obtaining a judgment for several thousand dollars reflecting litigation costs incurred in defending the case.

  • Tulare County Superior Court: We successfully defended an elderly woman sued by a plaintiff who was injured in a minor traffic accident and who demanded $700,000 for her alleged substantial injuries. The plaintiff was represented by a Southern California law firm which claimed that plaintiff would need back surgery at a cost of $80,000, would miss work for 6 months, and sought pain and suffering damages for the rest of her life - over 50 years. After our client’s settlement offer of $40,001 was rejected, we proceeded to defend the case through trial. We retained a biomechanical engineering expert and a neurology expert in order to demonstrate that the plaintiff was exaggerating her injuries. The jury awarded plaintiff $21,000 - half what our client had offered to settle before trial.

    In addition, we recently successfully defended an insurance client against claims of breach of contract and bad faith. The matter proceeded to a jury trial in the Tulare Superior Court at which we obtained a unanimous defense verdict on all claims.

ATTORNEYS INFORMATION OPPORTUNITIES RESULTS