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Ross Feinberg

Ross W. Feinberg, Esq.

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Case Manager
Lisa Abrantes
T: 619-237-0801
F: 619-236-9032
401 B Street, Suite 2100, San Diego, CA 92101

Ross W. Feinberg Esq. has served as a full time mediator and special master since 2007. A highly respected and sought after neutral, he has been the recipient of numerous awards from all sides of the bar.  Critical to his work, Mr. Feinberg is equally respected by all sides.  Mr. Feinberg, known originally for solving and settling complex construction defect matters also actively handles complex disputes including business and commercial, personal injury/tort, insurance, school district claims, and construction and community association disputes.

ADR Experience and Qualifications

After spending 22 years mediating complex multi-party cases, Mr. Feinberg joined JAMS in 2007. He has been recognized by the Daily Journal as a top neutral and was the recipient of the prestigious Jerrold S. Oliver Award of Excellence in 2003.

An AV rated lawyer, author and speaker, Mr. Feinberg has been the chair and/or a speaker of well over 100 national seminars from personal injury and mold claims to construction defect litigation and numerous facets of real estate brokerage and common interest development law.

Mr. Feinberg has successfully mediated over 2,000 cases both as counsel and as a mediator. For 33 years, Mr. Feinberg has been widely recognized for his ability to initiate open communication in cases with a myriad of complex situations leading to constructive results. Mr. Feinberg is admitted in the states of California, Nevada and Colorado.  

Representative Matters

  • Accounting/Finance
    • Mediation of corporate dissolutions
    • Mediation of shareholder proxy challenges
    • Mediation of accountings and corporate appraisals
    • Mediation of officer and shareholder liability actions
  • Business/Commercial
    • Breach of contract involving multi-million-dollar real estate purchase and sale agreement and related disclosures
    • Claim of breach of contract, fraud and misrepresentation related to purchase and sale agreement
    • Commercial business interruption claim stemming from construction and occupancy delays
    • Fire loss cases involving business interruption, profit valuations, and governmental intervention
    • Resolved Claims by athletes and celebrities concerning contractual disputes, insurance coverage and confidentiality requirements
  • Class Action
    • $21.5 million settlement of 3,000 single-family home thermogalvanic corrosion class action
    • $41.8 million resolution of 5,000 home class action case involving galvanized corrosive plumbing
    • Settlement reached after incorporating several different lawsuits into single global mediation. Mediation included over one hundred parties, insurance carriers, and counsel worldwide
    • Mediation and resolution of complex pharmaceutical and consumer class actions
    • Successful resolution of two multi project certified class action cases resulting in settlement pursuant to a pipe repair opportunity for owners of multiple homes across several large scale projects
    • Successful resolution of a $41.8 million thermogalvanic pipe claim after the parties agreed to consolidate several cases into one 5,000 home action
  • Construction
    • Construction Defect
      • In excess of 33 years of experience litigating and resolving multi-party, multi-issue litigation brought by community associations, multiple single family homeowner plaintiffs and commercial property owners
      • Construction defect litigation involving luxury single family homes
      • Resolution of Dispute involving 460 condominium units in the amount of $13 Million
      • For a detailed list of construction defect cases that Mr. Feinberg has resolved, please visit his construction defect biography
    • Common Interest Development Law
      • Mediated condominium and planned unit development disputes including:
        • Davis-Stirling inter community complaints and litigation
        • Breach of fiduciary duty actions against boards of directors
        • Litigation involving management companies
        • Statutory election challenges
        • Violation of CC&Rs
        • Construction of Governing Documents
      • Representation and resolution as a mediator of complex homeowner’s association matters at all phases of litigation
      • Mediated matters involving the separation of separate area, common area and exclusive use common area
  • Construction and Engineering
    • Mediation of infrastructure construction project disputes
    • Mediation of large construction projects including bridges, roads and highways
    • Mediation of surety claims and performance bonds
    • Mediation of disputes concerning cost overruns and delays in private and governmental funded projects
    • Representation and resolution as a mediator of commercial and residential construction matters including construction delays, accidents, premises liability and coverage litigation
    • Settlement of Turbine Accident on a California Freeway Overpass.  Worked with various agencies, builder, supplier and installer
  • Energy/Utility
    • Mediation of disputes arising from fires and explosions
    • Mediation of boiler fires in hotels
    • Mediation of wind farm investment dispute in the California desert
    • Mediation of natural gas pipelines located within four corners grid
  • Environmental Cases
    • Mediation of toxic tort claims involving the impact on the human senses including those of the ear, nose and throat, due to:
      • Airborne spores
      • Water quality and contaminants
      • Waste management
      • Chemical safety
      • Algae and fungi
    • Mediation of cases involving damage to human cells from environmental toxins such as mold and asbestos.
    • Mediation of personal injury claims due to neurotoxins in both the airborne environment and water including lead, mercury, formaldehyde and chlorine
  • Insurance
    • Bad Faith Actions
      • Bad faith/Brandt fee litigation involving carrier disputes over coverage in real property and tort actions
      • Bad faith denial in construction defect claim and cross actions
    • Insurance Subrogation Claims
      • Subrogation claims involving fires, mechanical failures, floods and other incidents/natural disasters
      • Resolution of multiple claims by carriers as against third parties for reimbursement of expenses incurred by carrier repairing damage to insured’s property
      • Subrogation action, post settlement, of complex construction defect litigation
    • General liability, CGL, D&O and E&O coverage contribution claims between carriers in underlying construction and personal injury lawsuits
    • 11580 insurance coverage litigation matters
    • Agency Litigation for sales representation involving real property and service goods
    • Allocation disputes among primary, excess and umbrella carriers
    • Mediator proposals for time on risk disputes
    • Disputes involving broker malpractice claims
    • Breach of fiduciary duty litigation
  • Personal Injury/Torts
    • Mediation of wrongful death actions
    • Multi-party mediation over personal injury and property damage from four-car vehicle collision
    • Personal injury mediation between contractors and lumber retailer involving fire-related property damage
    • Resolution of tort and breach of contract claims against a city hospital
    • Children’s monetary claims against builder for physical injuries due to mold
    • Personal injury disputes arising from injuries occurred at the houses of various celebrities
    • Medical and legal malpractice disputes
    • Mediated matters involving multiple tort claims with corresponding insurance disputes
  • Professional Liability
    • Claims against physicians and hospitals based on alleged failure to monitor oxygen resulting in cerebral hypoxia
    • Mediation of multiple claims against design professionals, including, but not limited to, architects, engineers, land surveyors, and landscape architects
    • Mediations related to claims for attorney fees inclusive of cross complaints against counsel for breach of contract and negligence
  • Real Estate
    • Partnership mediations for real property disputes
    • Mediation of extensive water damages due to property owners or contractor’s negligence
    • Mediation of disputes over improvements including slopes, trees and bridges
    • Liquefaction claim mediations including bridges and buildings constructed over maritime property
    • Breach of commercial lease mediation between landlord and tenant involving unit defect claims
    • Landlord-tenant mediation between restaurateur and property management consultant company for breach of commercial lease
    • Mediated dispute alleging fraud, negligence, and breach of fiduciary duty related to damages arising from sale of real property
    • Mediation and resolution of several cases involving municipalities, including attendance at city council executive sessions to further and complete settlements
    • Mediation of non-disclosure dispute involving commercial air traffic patterns and claims by and between brokerage firms, buyers, and sellers
    • Mediation over purchase and sale agreement dispute involving failure to disclose allegations
    • Resolution of complex real estate breach of contract and non-disclosure matter among parties with strong religious and cultural differences
    • Use agreement dispute mediated between private citizen and government entity
  • Recipient, Jerrold S. Oliver Award of Excellence, West Coast Casualty Conference on Construction Defects, 2003
  • AV Rated by Martindale - Hubbell
  • Recipient of 15 national and local awards from organizations on behalf of Homeowners Associations
  • National Board of Trustees, Community Associations Institute (CAI), 2007 and member of its College of Community Association Lawyers and Board of Governors (national president, 2006)
  • Senior faculty member, CAI; member of 5 member panel Speakers and Topics Committee for the annual West Coast Casualty Conference on Construction Defects; senior seminar advisor for national construction defect coverage seminars held by MC Consultants; co-chair for numerous Mealey’s Lexis Nexis construction defect seminars; helped coordinate Brookings Institute annual Construction Defect Seminars in Washington, D.C. and Orange, CA
  • Lectured before local, national, and international organizations on topics related to construction defect litigation, community association law, and consumer class actions; panelist for the Judicial Symposium on Construction Defect Litigation on behalf of the AEI-Brookings Institute Joint Center for Regulatory Studies in Washington D.C.
  • Faculty, California Association of Community Managers teaching California Law and Ethics, 1993-2008
  • Author of books and articles on laws affecting community associations and construction defects, including Construction Defect Litigation - the Community Association’s Guide to the Legal Process and CAI’s accredited California course on Homeowners Association Law (Amazon.com)
  • Member, California, Nevada, and Colorado Bar Associations

ADR Profiles

  • Partner, Feinberg, Grant, Mayfield, Kaneda & Litt, LLP
  • J.D., University of San Diego School of Law, 1984
  • B.S., cum laude, University of Southern California, 1981

Counsel Comments

    • “Knows the law... Intelligence off the map. Hardest worker in field. A closer! Will settle your most difficult case.”

      “His immediate grasp of the concepts and nuances, and his command of the process, places him among the top tier of mediators”

      "Best mediator in the OC"

      - Quotes from attorneys that have used Ross' services

Events

Disclaimer

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

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