Representative Matters

Business Commercial
• • Settlement judge for contract dispute between homeowner and landscaping company with claims and counterclaims for breach of contract, anticipatory repudiation, quantum meruit, unjust enrichment and slander of title; binding settlement reached and case dismissed with prejudice
  • Settlement judge for dispute between out-of-state lottery winner and local contractor over lottery winner’s refusal to pay contractor for remodeling a vacation home for lottery winner; case settled
  • Settlement judge for dispute between tour bus company and owner of large tourist destination, each claiming to own licensee status to charge money for tourists to access and visit site; Native American tribe’s interests are relevant and considered, although tribe is not a party and not adversely affected by outcome; hotly contested, and owners on both sides were foreign nationals; settled
Estate Probate Trusts
• • Settlement judge for multimillion-dollar estate dispute among seven heirs and foreign and domestic charitable foundations; some parties represented by counsel, and some parties self-representing; binding settlement reached with all parties, and case dismissed with prejudice
  • Settlement judge for intestate succession dispute between siblings regarding decedent mother’s home; four heirs: one brother and sister versus the other brother and sister; dispute resolved, and stipulation for dismissal with prejudice filed
  • Settlement judge for trust/estate dispute between estranged siblings involving dispute over validity of powers of attorney that did not have certificates of competency attached as required by statute; settled  
  • Settlement judge for trust dispute involving claims of ademption, extinction of specific bequests; transfer of title of home to decedent’s “significant other” versus children; whether or not decedent died intestate; settled
Personal Injury
• • Settlement judge for seven-figure personal injury claim involving disputes between commercial trucking firm and liability insurance companies regarding coverage, subcontracting and primary contracting parties as to who was responsible for the noncontracted commercial truck; commercial trucking company had subcontracted with another commercial trucking firm in alleged violation of longtime written agreement with large, international merchant; issues involving vicarious liability versus independent contractor and nondelegable duties; binding settlement reached, and case dismissed with prejudice
  • Settlement judge in matter involving motorcycle rider hit by a car in large shopping center; driver of car settles with motorcyclist, but motorcyclist sues shopping center claiming that it should have had a conventional, upright stop sign in place rather than the almost-illegible word “Stop” painted on the asphalt; demonstrated evidence of prior similar incidents
  • Settlement judge for personal injury suit in which both sides appeared to be intractable; judge prepared model jury instructions and verdict with special interrogatories specific to case and issues counsel couldn’t agree upon; had both sides indicate the anticipated numbers and answers that would ultimately be given by the jury, with allocation of percentage of likelihood for each response; case settled
  • Settlement judge for personal injury suit in which both sides appeared to be intractable; judge prepared “audit” sheet for counsel for both sides to enter fees and costs to date, fees and costs anticipated to prepare case for trial, fees and costs for intermediate court appeal, and fees and costs for final appeal to state supreme court; all kept confidential and discussed only with judge; had each side indicate the likely outcome at trial expressed in percentages both for and against each side; case settled.
Product Liability
• • Lead counsel in matter involving electrician working on stage floor of large Las Vegas production show who was injured when 1,500-pound prop stored on a cable suspended overhead fell and landed on electrician, causing catastrophic injuries; allegations of defectively designed and manufactured cable connection; jury returned verdict just as counsel reached confidential settlement
  • Lead counsel in matter where trucker delivering fuel suffered tragic injuries while adjusting packing on mechanical pump with driveshaft spinning due to alleged defective projections that caught his ski parka, wrapping his arm and body around the pump’s driveshaft; settled
  • Lead counsel in matter where youth was electrocuted when walking barefoot in rain near streetlight with alleged defective grounding mechanism; tried to jury verdict
Professional Liability
• • Settlement judge involving professional negligence claim, with plaintiff alleging malpractice by attorney for not advising her that her “hacking” of personal data in her husband’s employee’s office-issued mobile phone exposed her to criminal arrest  
  • Garbage truck driver injured motorist and settled for seven figures; then garbage truck company sued injured party’s orthopedic surgeon for contribution, alleging malpractice made injured party’s injuries much worse and that some of the surgery was unnecessary and the resulting complications were not the fault of garbage truck company; served as settlement judge, and matter settled
Real Property
• • Settlement judge for suit by home purchaser claiming seller fraudulently concealed sewer defect; seller claimed no knowledge even though seller was exclusive owner and occupant for 15 years before sale; settled
  • As judge, handled numerous homeowners association (HOA) foreclosure cases predicated upon nonpayment of HOA dues, super-priority liens, with issues of inadequate notice, claims for equitable redemption, federal preemption under Fannie Mae and many other legal claims in support of or in derogation of super-priority liens
  • Settlement judge in 400-member condominium battle between “minority” group and new owners regarding contract with property management, propriety of leasing units rather than selling them, unit sales procedures, sales office, leasing, leasing office, clubhouse access and facilities, assigned parking spaces and control issues within the board of directors; settled
  • Settlement judge in dispute between parties as to whether leasehold or fee simple interest acquired in agreement with new restaurant owner/operator and nature and extent of CAM charges if leasehold; settled
  • Settlement judge in dispute where plaintiff claimed defendant gifted down payment money to enable plaintiff to qualify for VA loan; defendant insisted agreement was that defendant would falsely declare the money was a gift to permit plaintiff to qualify, but with the “understanding” between plaintiff and defendant that defendant would actually become a part owner of home; settled