Alexander S. Polsky, FCIArb

T: 714-939-1300
F: 714-939-8710
Class Action/Mass Tort

Mr. Polsky has extensive experience resolving class actions, mass torts and multi-district litigations (MDLs), having served as a party-selected or court-appointed mediator and special master numerous times over the past 25 years.

Mr. Polsky has served as a court-approved settlement officer for the U.S. Durom Cup Settlement Program, having been appointed by stipulation between Zimmer, Inc. and the plaintiffs’ steering committee. He developed an in-depth system for resolving these claims, which were located throughout the U.S.

He has resolved class actions arising out of consumer, wage and hour, pharmaceutical, product liability, toxic tort, lending and ADA compliance claims, among others.

Highly regarded by mass tort plaintiffs’ and defense counsel, Mr. Polsky is frequently asked to speak on the resolution of such disputes at leading conferences such as Mass Torts Made Perfect in Las Vegas, as well as at law firms and bar organizations.

He has also helped resolve international disputes through ICC, JAMS International, AAA and the Hong Kong International Arbitration Centre (HKIAC).

Mr. Polsky has received nearly every independent award for excellence in the field of ADR. He has been recognized year after year as a top arbitrator and mediator by the Los Angeles Daily Journal, Super Lawyers and ALM Best Lawyers. Martindale Hubbell has given him an AV rating and he is among Lawdragon’s top 1,000 Lawyers in America. Mr. Polsky teaches negotiation and mediation at USC’s Gould School of Law.

Representative Matters 

  • Multi-District Litigation
    • Special master and mediator in product liability MDL involving alleged marketing and distribution of quinine sulfate as off-brand use for treatment of leg cramps. Allegations that manufacturer knew of off-brand use and complications and failed to properly warn physicians and patients through package inserts and black box modifications.
    • Mediator for MDL settlement program structured to resolve claims arising out of defective hip replacement product. Resolved over 750 claims nationwide.  MDL -2158 In Re: Zimmer Durom Hip Cup Products Liability Litigation
  • Class Actions
    • Mediator and special master for ADA compliance issues related to:
      • Auto dealerships
      • Department stores
      • Hotel chains
      • Restaurants
    • Business/commercial actions involving:
      • Mediation of claims brought by restaurant chain for infringement of mark in advertising; related insurance coverage disputes with multiple insurers
    • Consumer actions involving:
      • Catastrophic injury and damage claims involving ephedra-related products
      • Multiple Class Actions involving the Collection of personal data, including claims in connection with credit card transactions
      • Credit reporting
      • Ink level notification on inkjet and laser printers
      • Insurance claims procedures
      • Insurance company interpretation of “rental reimbursement”
      • Lending practices
      • Medical billing procedures
      • Mobile home park assessments
      • Sales tax calculations
      • Thread count of bedding materials
    • Mediator and special master for employment disputes, including wage and hour, lunch and break-time claims involving:
      • 10 separate actions involving a national dep’t store chain post-merger
      • Wal Mart Assistant Manager wage/hour claims
      • Auto dealerships
      • Call centers
      • FLSA collective actions
      • Gender discrimination
      • Parking lot attendants
      • Race discrimination
      • Restaurant franchises
    • Health care claims, including class action alleging underpayment by insurers to physicians
    • Real estate actions involving:
      • Mediation of multi-party case between owners of land and 100 land-lease holders regarding leasehold increases. Designed formation of LLC and buyout of holding.
      • Mediations in dozens of disputes between large condo homeowner groups, developers and builders over construction and financial issues, including contract, negligence, statutory, fraud, breach of fiduciary duty and RICO claims
      • Multi-plaintiff case against state and federal agencies for noise pollution from highway design
    • Toxic tort matters, including multi-plaintiff environmental case in California claiming illness caused by fertilizer runoff
    • Toxic clean up  and monitoring cases
       

Honors, Memberships, and Professional Activities

  • Recognized as a Best Lawyer, Alternative Dispute Resolution category, Best Lawyers in America, 2008-2018
  • Recognized as a SuperLawyer, Alternative Dispute Resolution category, SuperLawyers, 2006-2016
  • Recognized as a Top Master, Daily Journal
  • Recognized with AV Preeminent Status as a Top Rated Lawyer in Alternative Dispute Resolution, Martindale-Hubbell
  • Recognized as a Top California Neutral, Daily Journal, 2006-2010, 2012
  • Speaker, "What Real Estate Attorneys Can Learn From Mediators—And Vice Versa," Tokyo Annual Conference of the International Bar Association, 2014
  • Panelist, U.S. District Court for the Central District of California Mediation Panel
  • Successfully completed "Accelerated Route to Fellowship International Arbitration Program with Award Writing Examination, Chartered Institute of Arbitrators, North American Branch, 2014
  • Fellow, International Academy of Mediators
  • Adjunct Professor of Law, University of Southern California School of Law and Straus Institute for Dispute Resolution at Pepperdine University School of Law
  • Lecturer (partial list): California Bar Association, American Bar Association, Association of Southern and Northern California Defense Counsel; Consumer Attorneys of California, Los Angeles and Orange County; Los Angeles, Orange County and San Francisco Bar Associations; Pepperdine University Law School; Building Industry Association
  • Past Director: Orange County Bar Association, Orange County Trial Lawyer's Association, Southern California Adjuster's Association
  • Past Chairperson, Orange County Bar Association Committee on ADR
  • Delegate, State Bar of California, Conference of Delegates
  • National Institute of Forensic Studies, Professional Advisory Board
  • Publications on ADR and Attorney Fee Disputes for State and Local Bar Associations, firms, trade associations, and newspapers. Author: "A System for Cost Effective Management of Construction Defect and Complex Litigation." Author: "ADR, Why Does it Work?" Author: "Use of the Special Master in Complex Litigation." Author: "Use of Risk Based Facilitative Dispute Resolution."
  • Mr. Polsky is a sought after negotiation skills trainer and has lectured throughout the United States. He is an adjunct Professor of Law at the University of Southern California, where he teaches a course he designed on ADR and negotiation, and at the Straus Institute for Dispute Resolution at Pepperdine University School of Law, where he teaches courses in the LLM program. He is available to provide training in negotiation and mediation skill development to corporations and professional organizations.
  • Pro bono activities include Dispute Resolution Services (DRS) Board of Directors; Los Angeles/Long Beach Legal Aid Grand Cru Board of Directors; Public Law Center of Orange County Board of Directors; Los Angeles County Bar Association volunteer mediation program volunteer

    Comprehensive Overview

     Please click here for a comprehensive overview of Mr. Polsky’s practice.

    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

    Polsky_Alexander_Class Action_Mass Tort_302