Hon. Joseph F. Biafore, Jr. (Ret.) is widely respected for his fairness and ability to focus on the important issues in a case. Judge Biafore joined JAMS following nearly four decades of distinguished service with the Santa Clara trial courts and as a trial attorney in private practice. He is accomplished at effectively handling a wide variety of cases.
ADR Experience and Qualifications
Conducted trials, settlement conferences, and mediations in a wide variety of areas including: bad faith, business, intellectual property, fraud, product liability, negligence, and construction defect. Heard and resolved numerous disputes in employment, personal injury, insurance, and wrongful death matters.
Representative Matters
Intellectual Property
- Arbitrated, as a member of tripartite arbitration panel, and issued award in theft of trade secrets dispute wherein one party allegedly misappropriated intellectual property trade secrets, including customer lists and names of hired-out consultants
- Successfully resolved dispute over the violation of exclusion distribution rights of computer components
- Settled a conflict over the purchase and sale of computer components and their valuation
Professional Liability
- Heard and rendered award in an alleged malpractice matter involving a hospital in charge of the care of an anorexic/bulimic patient who died
- Arbitrated to award a legal malpractice case alleging that an attorney overcharged for services rendered and results obtained after the attorney sued plaintiff for fees
Business/Commercial
- Arbitrated to award a commercial contractual disagreement regarding failure to pay for purchase of going business
- Successfully mediated a sale and purchase dispute alleging the purchase price of photography business based on faulty book value
- Mediated and settled complex case concerning commercial contract for the sale of an aviation company and the rights to use airport facilities
Personal Injury
- Successfully settled dispute in excess of one million dollars between major automotive manufacturer and multiple parties over a product defect that allegedly caused major injuries
- Mediated and resolved personal injury case involving postal worker injured on the job by alleged negligence of transportation company
Other
- Arbitrated to award claim involving leasehold interest of large commercial warehouse and dispute over warehouse space
- Effectively mediated multi-party, multi-million-dollar dispute over the closure of major hospital and the distribution of patients and physicians to other facilities
- Mediated and resolved wrongful death action consisting of multiple youths and their drug use on the property of a parent that resulted in the death of a 14-year-old
- Skillfully resolved family law dispute involving the identification and division of commercial property and spousal/child support issues
- Mediated and settled a dispute alleging wrongful termination between employee and road construction employer
- Successfully resolved dispute between surgical device manufacturer and supplier over the quality of the surgical device
- Resolved an issue regarding the importation of exotic beverages and alleged inferior quality and quantity of the beverage
- Mediated and settled matter involving the purchase and payment of diagnostic imaging equipment