Robert S. Luft , Esq. is widely respected for his fairness and ability to focus on the important issues in a case. Bob is a San Jose based mediator and arbitrator who utilizes 40 years of experience as a civil trial lawyer with a fair, optimistic, energetic, and patient approach to ADR.
ADR Experience and Qualifications
- Conducted numerous successful settlement conferences and private mediations in both state and federal courts
- Conducted both private and court assigned binding and non-binding arbitrations
- Tried more than 125 superior court jury trials and binding arbitrations involving medical malpractice, professional liability, and other civil litigation
- Successfully arbitrated and mediated medical malpractice, legal malpractice, dental malpractice, and bodily injury claims involving auto, truck, train, and automobile accidents
- Successfully mediated numerous long-term health and disability (ERISA) claims
- Mediation panelist for Santa Clara and San Mateo County Superior Courts, U.S. District Court Northern District of California, Court of Appeal, First Appellate District, and American Health Lawyers Association
Representative Matters
Medical Malpractice/Elder Abuse
- Arbitrated a case involving a thirty-nine-year-old male who underwent an ablation of the heart and catheter became stuck on the chordae of the heart necessitating open heart surgery
- Arbitrated a case involving a fifty-eight-year-old female who underwent surgery to remove thyroid glands – alleged negligent over-removal of glands
- Successfully mediated a forty-three-year-old male’s claim that he suffered permanent neurological injury from alleged delay, diagnosis, and treatment of a post-operative hematoma
- Successful mediation of air injection from power injector during performance of a cardiac catheterization
- Successfully mediated claim for elder abuse, wrongful death, and intentional infliction of emotional distress of stroke patient against acute care and skilled nursing facility
Legal Malpractice
- Successful mediation of alleged negligent handling of a construction dispute between owner-contractor with cross-complaint for breach of contract
- Mediation and follow up of claim by thirty-five-year-old carpenter, who sustained a previous upper extremity injury in construction accident, against attorney for failure to file third-party claim within statutory time with serious case within a case issues
Bodily Injury
- Successful mediation of large tractor/trailer auto accident resulting in claim for wrongful death of two young adults
- Successful mediation of forty-nine-year-old male involved in jet ski accident resulting in serious hip fracture
ERISA Long-Term Disability
- Successful mediation of claims for denial of long-term disability benefits; denial based on Plan’s Mental Illness & Substance Abuse limitation of twenty-four months of benefits
- Successfully mediated through follow-up the claims for denial of short-term and long-term benefits on basis was claimant not disabled from her regular occupation by multiple medical problems
- Successful mediation of claim for denial of long-term disability benefits for knee arthritis as not disabled from “any occupation”.
- Successfully mediated through follow-up a claim by public entity employee from unjustified denial of “any occupation” disability benefits, bad faith, intentional infliction of emotional distress, and punitive damages. Alleged disability from Carpal Tunnel syndrome and fibromyalaga
- Successfully mediated through follow-up a claim by investment sales representative for wrongful denial of disability payments following auto accident and neurological injury on grounds that the claimant not “totally disabled” from her occupation
- Successful mediation of claim for denial of long-term disability benefits based on ability to perform regular occupation with headaches and central nervous system disfunction
- Successful mediation of race and national origin discrimination claim under Fair Employment Housing Act against owner of mobile home park
- Successful mediation of wrongful denial of total disability claim based on lupus syndrome and retinal venous occlusion
