Infringement
Verdict: $1,049,393,540
Apple Inc. alleged federal
trademark infringement, unfair business practices, violations of its various
patents and other claims, against Samsung Electronics when it released a
product virtually identical to its own (Apple Inc. v. Samsung Electronics co.,
Northern District Federal Court, Plaintiff’s attorneys: Morrison Foerster).
Brain Damage
Verdict: $38,628,127
A man who fell over a second
story walkway into a parking lot and claimed the walkway railing was too short
sustained brain damage and injury to his shins and feet (Von Normann v. Newport
Channel Inn, Orange County Superior Court, Plaintiff’s attorney: John C.
Carpenter).
Retaliating Attorney
Verdict: $50,073,000
A client claimed that his
former attorney began working for his adversary by filing bankruptcy cases
against him after a falling out, resulting in the failure of his business
operations (Tutor v. Tregub, Los Angeles County Superior Court, Plaintiff’s
attorney: Lucia E. Coyoca).
Forklift Accident
Verdict: Defense
A man claimed that an
operator was negligent when operating a forklift load, causing it to be
unstable and then eventually fall on top of him, resulting in back, neck,
shoulder, leg, hip, and wrist pain (Moon v. Blue Tee Corp., San Bernardino
County Superior Court, Defense Attorney: Steven B. Kotulak).
Ammonia Release
Settlement: $685,446
A meat processing
manufacturer’s facilities experienced massive releases of ammonia due to
management’s failure to conduct a safety review, causing injury to 17 employees
at neighboring offices (United States of America v. Columbus Manufacturing
Inc., Northern District Federal Court, Plaintiff’s attorney: Cheryl L. Smout).
Transferring Assets
Settlement: $6,200,000
A company allegedly attempted
to avoid judgment by transferring its primary assets, which would have resulted
in its inability to pay the judgment of a previous bankruptcy suit (Hyosung
(America) Inc. v. Hantle USA Inc., Northern District Federal Court, Plaintiff’s
attorney: Adam A. Lewis).
Excessive
Force
Verdict: Defense
An inmate at a
county jail claimed he was denied medical care after deputies allegedly
violently threw him against a cement wall and proceeded to kick and stomp him
(Saunders v. County of Los Angeles, Central District Federal Court, Defense
attorney: Maureen F. Thomas and Michael Thomas).
Overtime Violations
Settlement: $7,000,000
A class of school bus drivers
alleged that their employer refused to pay them for all hours worked, including
overtime, which they were required to work, arguing unpaid wages and failure to
pay overtime compensation (Mckinlay v. Durham D&M LLC, Los Angeles County
Superior Court, Plaintiff’s attorney: Thomas W. Falvey).
Prescriptive
Easement
Decision:
$857,000
A couple sought
quiet title to its property and claimed trespass, conversion, nuisance and
negligence when a quarry operator allegedly damaged their property (Epstein v.
Mosler, Ventura County Superior Court, Plaintiff’s attorney: Ron Bamieh).
Rollover Crash
Decision: $7,958,008
A man who had his tire
replaced claimed that the tire tread separated and caused his truck to roll
over, alleged strict negligence and strict liability by placing a defective
tire into the steam of commerce (Olguin v. Michelin North America Inc., Los
Angeles County Superior Court, Plaintiff’s attorney: Daniel M. O’Leary).
Racial Discrimination
Verdict: Defense
A doctoral student claimed
racial discrimination against her university when she was not promoted into the
school’s residency program (Sunday v. Regents of the University of California,
Orange County Superior Court, Defense attorney: Christopher P. Wesierski).
Trustee Breaches Duty
Decision: $2,720,300
A trustee allegedly breaches
her fiduciary duty by engaging in self-dealing by the wrongful transfer of
trust property for her own profit (In re Winchester, Orange County Superior
Court, Plaintiff’s attorney: David A. Sherak).
Editor’s Note: California Bar Journal publishes this abbreviated summary of important trials in California provided by Trials Digest. To report your case results, go to west.thomson.com/trialsdigest/form.aspx or call 415-344-3952.