Biography
Hon. David H. Brickner (Ret.) joined JAMS following 20 years of distinguished service with the Orange County municipal and superior courts after his time as a trial attorney in private practice. He has conducted over 800 successful mediations along with numerous arbitrations. Judge Brickner maintains a diverse practice including Business/Commercial, Employment, Health Care, Insurance, Personal Injury, and Real Property cases, among others.
Judge Brickner is highly-regarded for his intellect, innovation and decisiveness. He conducts a highly streamlined process during all of his cases, and his expert case management skills are demonstrated in his keen ability to identify and focus in on the important issues of each matter. Judge Brickner also has extensive experience serving as a discovery referee and special master.
ADR Experience and Qualifications
- Arbitrated and mediated hundreds of cases within a wide range of practice areas including Business/Commercial, Employment, Health Care, Insurance, Personal Injury and Real Property
- 20 years of experience on the bench, following a robust legal practice as a private trial attorney
Representative Matters
Antitrust
- Partnership dissolution matter involving an auto dealership
- Unfair competition action lodged by large manufacturer against competitor for alleged use of trade secret customer and product information
Business/Commercial
- Complex matter involving two separate cross-complaints for negligent failure to comply with statutory duty involving an educational institution, an electrical supply store, and a technological service provider
- Arbitrated a breach of contract matter involving an American auto racing team and alleged unpaid fees
- Action under UCC for the sale of high-tech goods involving issues of acceptance, rejection, and warranty
- Breach of contract action by dissappointed parent against sperm bank
- Breach of contract for sale of electrical power involving issues of contract construction, PUC regulation, and exigencies of the power crisis
- Dispute involving county tax assessment against fast-food outlet
- Dissolution of closely-held corporation sought based on alleged corrupt acts of directors
- Fraud and breach of contract dealing with export business handling products from South Africa
- Partnership dissolution/buy-out of multi-million-dollar office high rise
- Reformation of contract sought in order to recover real property from religious cult
- Shareholder derivative action alleged looting of corporation by officers
- Specific performance of CAR from contract for purchase of underdeveloped real property
- Unfair competition action alleging fraudulant misappropriation of trade secret customer lists from telephonic psychic network
- Unfair competition dispute involving the misappropriation of a sports celebrity's image for commercial purposes
Employment
- Disparate impact discrimination matter against large engineering firm
- Sexual harassment where subordinate submitted to an affair with her superior
- Wrongful termination in breach of public policy where employee discharged for missing time by prosecuting her personal civil action
- Commission disputes involving sale of electrical power; sale of cosmetics; sale of computer hardware/software
- Disparate impact action by groups of employees based on theory of religious discrimination at large engineering firm
- Sexual harassment by secretary in plumbing supply company; sexual harassment alleged by dental assistant
- Wrongful demotion and termination cases based on sex and marital status bias
- Wrongful termination based on pregnancy discrimination and failure to allow pregnancy leave
- Wrongful termination from large manufacturer based on theory of unequal application of policies based on ethnic bias
Estates/Probate
- Mediation of probate matter involving holographic will, undue influence, creditor rights, and testamentary capacity
Health Care
- Arbitration for breach of contract claim between health insurance company and hospital over refusal of third party audit/financial review to take place
- Arbitration for breach of contract matter between health insurance company and hospital based on provider participation agreement
- Court reference for dispute involving fraud and abuse claims
- Mediation for dispute involving insurance billing practices between doctor and hospital
Insurance
- 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
- Complex insurance director’s and officer’s coverage action involving two large Las Vegas condominium entities
Intellectual Property
- Copyright infringement accomplished by hacking into security protections and engaging in unauthorized downloading of protected material
Personal Injury/Torts
- Elder abuse alleging improper care by skilled nursing facility
- Innumerable auto injury cases involving soft tissue injuries
- Mediation of numerous personal injuries arising from Metrolink train wreck
Professional Liability
- Legal professional liability matters involving unpaid attorney fees
- Medical malpractice case involving catastrophic injury
Real Estate
- Breach of contract action involving complex financing of large land development project
- Breach of contract by steel sub-contractor in construction of multi-million dollar college athletic facility
- Fraudulent failure to disclose material defect in sale of multi-million dollar mountain property
- Numerous homeowner association matters involving enforcement of CC&Rs
- Valuation of 38 undeveloped ocean view lots inversely condemned by a municipality, trial required evaluation of numerous conflicting appraisal theories
- Numerous cases involving leases, land use, and easements
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.
- Adjunct Professor of Law, Western State University College of Law, Fullerton, California
- Author, “Brickner’s Bits” column, previously published in the Los Angeles Daily Journal
- Member, Orange County Superior Court Executive Committee, 1998
- Member, California Judges Association, 1982-present
- Board of Directors, Children's Home Society, Santa Ana, 1981-1985
- Member, American Bar Association, 1970-1983
- Member, Orange County Bar Association, 1968-1983 (Board of Directors, 1982)
- Past President, Barristers Club, Orange County, 1975-1976
- Past President, William Gray Inn of Court, 2003-2004
ADR Profiles
- "JAMS Neutral David Brickner prods both sides to settle," Daily Journal, ADR Profile, October 24, 2014
- "Neutral's Bag of Tools Includes Humor, Honesty," Daily Journal, ADR Profile, July 15, 2005
- Pepperdine School of Law, Straus Institute STAR Mediation Program, 2003
- Judge, Orange County Superior Court, 1986-2003
- On assignment, Court of Appeal, 1984 (published two opinions)
- Judge, Municipal Court, West Orange County Judicial District, 1983-1986
- Private law practice, civil litigation and criminal law, 1972-1983
- Deputy District Attorney, Orange County, 1969-1972
- Lieutenant, United States Navy, 1962-1965
- J.D., UCLA, School of Law, 1968
- B.A., Stanford University, 1961
Counsel Comments
- "In our mediation, Judge Brickner cut right to the core issues and, with his persistent efforts, was able to help us settle our case."
– Orange County Attorney - “Judge Brickner is good at cutting to the core issues in the case and is skilled at bringing the parties to agreement.”
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Practice Areas
- Arbitration
- Business/Commercial
- Employment
- Health Care
- Insurance
- Personal Injury/Torts
- Professional Liability
- Real Property
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This page is for general information purposes. JAMS makes no representations or warranties regarding its accuracy or completeness. Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More