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.

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 & Competition
• 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
• Disaster Relief
• Fire Victims Trust (PG&E) appellate neutral for more than two dozen claims, in distribution of a settlement brought by uninsured and underinsured homeowners
• Valuation of destroyed personal property, including high value collections of rare coins, slot machines, manuscripts, paintings, jewelry, sports memorabilia
• Valuation of emotional distress claims
• Completed appeals under strict deadlines
• Employment Law
• 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
• Estate Probate Trusts
• 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
• 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 Property
• 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 

Honors, Memberships, and Professional Activities

• 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

Background and Education

• 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