Hon. David H. Brickner (Ret.),
a veteran of more than 600 successful mediations and arbitrations and highly regarded for his intellect, innovation, and decisiveness, joined JAMS following 31 years of distinguished service with the Orange County, California courts and as a trial attorney in private practice. He is accomplished at streamlining the case management process and focusing on the important issues in a case. Judge Brickner also has extensive experience serving as a discovery referee and/or special master.
ADR Experience and Qualifications
- Managed, tried, settled, mediated, or arbitrated (including tripartite arbitrations) widely varied litigation on broad range of issues
- Frequent lecturer on panels and discussion groups before attorneys and fellow judges
Representative Matters
- Actions against insurance brokers where broker allegedly negligently failed to secure adequate coverage
- Complex insurance coverage dispute involving Canadian product, American carriers, and Australian consumer
- Constructive wrongful termination based on theory of retaliation against employer who persisted in unethical dealings
- Wrongful termination in breach of public policy where employee discharged for missing time by prosecuting her personal civil action
- Sexual harassment where subordinate submitted to an affair with her superior
- Disparate impact discrimination matter against large engineering firm
- Breach of contract action involving complex financing of large land development project
- Breach of contract action against seller of steel tank manufacturing entity
- Unfair competition action by large manufacturer against competitor for allegedly using trade secret customer and product information Partnership dissolution of auto dealership
- Copyright infringement accomplished by hacking into security protections and engaging in unauthorized downloading of protected material
- Innumerable auto injury cases involving soft tissue injuries
- Mediation of numerous personal injuries arising from Metrolink train wreck
- Numerous homeowner association matters involving enforcement of CC&Rs
- Elder abuse alleging improper care by skilled nursing facility
- Breach of contract by steel sub-contractor in construction of multi-million dollar college athletic facility
- Valuation of 38 undeveloped ocean view lots inversely condemned by a municipality, trial required evaluation of numerous conflicting appraisal theories
- Fraudulent failure to disclose material defect in sale of multi-million dollar mountain property
- Complex insurance director’s and officer’s coverage action involving two large Las Vegas condominium entities.