Hon. David H. Brickner (Ret.) is a veteran of more than 800 successful mediations and scores of arbitrations. He joined JAMS after 20 years of distinguished service with the Orange County municipal and superior courts and as a trial attorney in private practice. Judge Brickner is highly regarded for his intellect, innovation, and decisiveness. 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 special master.
ADR Experience and Qualifications
- Judge Brickner has tried, arbitrated or mediated matters in the following areas:
- Real property- broker commissions, deposits, escrow, leases, disclosure, easements, trespass, quiet title, partition, architect liability
- Insurance- bad faith, coverage, broker/agent liability, duty to defend, title, business interruption, annuities, life, disability
- Professional liability- medical and attorney
- Construction and construction defect
- Entertainment- film financing
- Trade secret, trade mark and copyright
- Partnership dissolutions and buyouts
- Corporate- reverse mergers, derivative actions and dissolution
- Elder abuse, actions against SNFs
- High tech- disputes over software design and chip fabrication electronic discovery
- Personal injury- premises liability, auto, train and amusement park accidents, intentional and infliction of emotional distress, wrongful death
- Employment- discrimination, harassment, wrongful termination
- Homeowner association and mobile home park disputes
- Commercial paper- goods sold and delivered, merchantable quality
- Health Care
- School district claims
- Municipal land use disputes
- Auto dealership/manufacturer disputes
Representative Matters
- Antitrust
- Partnership dissolution of auto dealership
- Unfair competition action lodged by large manufacturer against competitor for alleged use of trade secret customer and product information
- Business/Commercial
- Breach of contract action against seller of steel tank manufacturing entity
- Breach of contract alleged by steel sub-contractor in construction of multi-million dollar college athletic facility
- Employment
- Constructive wrongful termination based on theory of retaliation against employer who persisted in unethical dealings
- 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
- 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
- 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
