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Ross W. Feinberg , Esq.

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Home Office: Orange County, California View More
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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 both sides of the bar. His mediation practice, virtually and/or personally, extends nationally with an emphasis on California and Florida. 

An AV rated attorney with multiple bar admissions, Mr. Feinberg's mediation practice centers on complex multi-party, high exposure commercial cases across a wide array of practice areas. He has successfully mediated over 3,000 cases both as counsel and as a mediator, and is known for his skillful handling of challenging matters. 

Mr. Feinberg is a published author, ocean photographer, motorcycle enthusiast and yachtsman.

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 & Mass Tort

  • $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

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

  • 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 Property

  • 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

Ross W. Feinberg

Ross W. Feinberg, Esq. | JAMS Mediator and Arbitrator

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Honors, Memberships, and Professional Activities

Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS. 

 
  • 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

Background and Education

  • 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

     

Virtual & In-Person Locations

Home Office

  • Orange County, CA

Available to Travel To

  • Century City, CA
  • Inland Empire, CA
  • Los Angeles, CA
  • Sacramento, CA
  • San Diego, CA
  • San Francisco, CA
  • Santa Rosa, CA
  • Silicon Valley, CA
  • Walnut Creek, CA

Virtual hearings available nationwide

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