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Victory Lap

2019 2nd Quarter

Significant Accomplishments by NAMWOLF PAC Firms

Practice Area Committee

Accomplishment Type

Settlement

Accomplishment Description

Resolved putative state and nationwide class action challenging consumer goods company’s website’s accessibility to the visually impaired under NY City & State statutes prior to entry of court order that could have triggered statutory attorneys’ fees liability. Quick resolution without motion practice thanks to effective coordination with client’s in-progress technology efforts and strategic planning.

Firm Name

Culhane Meadows Haughian & Walsh, PLLC

Practice Area Committee

Accomplishment Type

Obtained Sanctions Against Plaintiff in Defamation Case

Accomplishment Description

The sanctions were for severe and prejudicial discovery violations and included preclusion of evidence crucial to the plaintiff’s claims at trial, such as plaintiff’s own testimony, testimony of most witnesses, thousands of pages of documents produced without explanation, and delinquent responses to defendant’s written discovery requests.  The severity of the sanctions will hopefully lead to voluntary dismissal.

Firm Name

Lisa J. Savitt, Esq.
The Axelrod Firm, PC

Practice Area Committee

Accomplishment Type

Recognition of Foreign Judgments/ Pre-judgment Attachment

Accomplishment Description

Represented a Korean export insurance provider who had prevailed in two civil litigation matters in Korea and obtained civil money judgments against a Korean citizen residing in the United States. Filed suit in California Superior Court to seek recognition of the Korean Judgments under the Uniform Foreign Money Judgments Recognition

Firm Name

Eric D. Olson, Esq.
Keith H. Fichtelman, Esq.
Lee, Hong, Degerman, Kang & Waimey PC

Practice Area Committee

Accomplishment Type

Stay of Order on Motion for Judgment on the Pleadings/ Favorable Settlement

Accomplishment Description

Represented Plaintiff Korean export insurance provider in a voidable (fraudulent) transfer case involving a high value parcel of real estate in San Diego County, California. A competing creditor, a Chinese law firm also claiming an interest in the subject property, intervened in the case and sought a multi-million dollar judgment for unpaid legal fees against the main defendant. Defendant admitted the debt to intervenor in his Answer, and intervenor moved for judgment on the pleadings.  Plaintiff successfully persuaded the Court that it had standing to contest the entry of the money judgment as between defendant and intervenor, and the Court stayed entry of judgment on intervenor’s fee claim pending resolution of Plaintiff’s voidable transfer claim.  Following these rulings, a favorable settlement was reached governing the disposition of the subject assets.

Firm Name

Eric D. Olson, Esq.
Keith H. Fichtelman, Esq.
Lee, Hong, Degerman, Kang & Waimey PC

Practice Area Committee

Accomplishment Type

Demurrer Sustained Without Leave To Amend

Accomplishment Description

Represented defendant local business and its CEO in a business tort case in Riverside County, California.  The Plaintiff alleged that the firm’s client and other former officers and shareholders of a defunct business conspired to dissolve the business and wrongfully appropriate its assets and then conceal the dissolution from the plaintiff.  The Court sustained our clients’ demurrer, without leave to amend, on the basis of the statute of limitations and judicial estoppel arising from inconsistent statements in the plaintiffs’ prior bankruptcy schedules.

Firm Name

Douglas Smith, Esq.
Nate Tarvin, Esq.
Lee, Hong, Degerman, Kang & Waimey PC

Practice Area Committee

Accomplishment Type

Dismissal for Lack of Personal Jurisdiction Affirmed on Appeal

Accomplishment Description

Represented defendant Bermudian insurance companies in a breach of contract and fraud case venued in Orange County, California.  The court granted the clients’ motions to dismiss based on lack of personal jurisdiction.  Plaintiffs appealed.  The Court of Appeal for California’s Fourth Appellate District, Division 3, unanimously affirmed the order and awarded costs to the firm’s client.

Firm Name

Douglas Smith, Esq.
Nate Tarvin, Esq.
Lee, Hong, Degerman, Kang & Waimey PC

Practice Area Committee

Accomplishment Type

Transaction/Merger & Acquisition

Accomplishment Description

Represented Korean corporation in acquisition of a California food services company that services ten major international airlines. Seller was a large Korean conglomerate. Deal value was approximately US$89 million in cash for 100% stock sale by private placement. Work included: due diligence; merger related filings required under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act); Committee on Foreign Investment in the United States (CFIUS) diligence and strategy; any requirements under the U.S. Food and Drug Administration (FDA) and Federal Aviation Administration (FAA); obligations under Federal and California state law; and any filings or reports required by the U.S. Securities and Exchange Commission (SEC). Obtained early termination of waiting period under the HSR Act resulting in closing 3 months prior to target closing date.

Firm Name

Peter Rho, Esq.
Lee, Hong, Degerman, Kang & Waimey PC

Practice Area Committee

Accomplishment Type

Donation

Accomplishment Description

Represented the U.S. Women’s National Team Players Association (“USWNTPA”) in connection with a donation by LUNA Bar to the players of the U.S. Women’s National Soccer Team to close a key gap between the players’ 2019 World Cup compensation and the compensation of the players on the U.S. Men’s National Soccer Team.

Firm Name

Rocky Collins, Esq.
Acceleron Law Group, LLP

Practice Area Committee

 

Accomplishment Type

Directed Verdict

Accomplishment Description

Obtained a directed verdict in favor of a retailer in a premises liability matter, arguing there was no evidence presented of actual or constructive knowledge of a dangerous condition. The retailer argued plaintiff failed to establish that the condition had existed for any period of time and was of such a nature that, in the exercise of reasonable care, such condition and its dangerous character should have been discovered. The Court agreed and Plaintiff’s claims were dismissed and the retailer prevailed.

Firm Name

Ashley Larson, Esq.
Paul Jordan, Esq.
Sutton Booker PC

Practice Area Committee

 

Accomplishment Type

Directed Verdict

Accomplishment Description

Won on directed verdict in a defamation and civil conspiracy trial against their client, in which the plaintiffs were seeking approximately $3 million in economic losses as well as punitive damages. The Court found that the plaintiffs failed to meet essential elements of the defamation and civil conspiracy claims.

Firm Name

Katie Johnson, Esq.
Debra Sutton, Esq.
Sutton Booker PC

Practice Area Committee

Accomplishment Type

Summary Judgment

Accomplishment Description

Obtained summary judgment, when plaintiff alleged defective gym equipment caused her personal injuries, despite contractual exculpatory provisions.  The U.S. District Court found “it [was] irrefutable that the Exculpatory Provisions clearly reflect[ed] an intent to extinguish liability for Plaintiff’s… claim.” The Court granted the recreational facility’s motion for summary judgment, entered judgment in favor of the recreational facility, and awarded the recreational facility its costs.

Firm Name

Katie Johnson, Esq.
Sutton Booker PC

Practice Area Committee

Accomplishment Type

Dismissal as Discovery Sanction

Accomplishment Description

Obtained a dismissal with prejudice and award for costs on behalf of a retail client in a premises liability action. The Court held the plaintiff’s repeated discovery failures warranted dismissal for failure to prosecute and as a discovery sanction.

Firm Name

Katie Johnson, Esq.
Sutton Booker PC

Practice Area Committee

Accomplishment Type

Defense Verdict

Accomplishment Description

Obtained defense verdict in South Carolina for retail client in defamation/false arrest action where Plaintiff alleged discriminatory harassment /targeting.

Firm Name

GaffneyLewis LLC

Practice Area Committee

Accomplishment Type

Defense Verdict

Accomplishment Description

Obtained defense verdict in South Carolina for retail client where Plaintiff alleged auto department negligently damaged vehicle during routine service.

Firm Name

GaffneyLewis LLC

Practice Area Committee

Accomplishment Type

Jury Trial Victory

Accomplishment Description

Obtained a $3.652 million jury verdict for a 93-year-old plaintiff after a five-week jury trial in a case alleging breach of fiduciary duty, legal malpractice, and constructive fraud against plaintiff’s former trusts and estate law firm and attorney.

Firm Name

Keller/Anderle LLP

Practice Area Committee

Accomplishment Type

Jury Trial Victory

Accomplishment Description

Complete defense victory for City of Costa Mesa, California in federal lawsuit brought by sober living home businesses alleging violations of Fair Housing Act and Americans with Disabilities Act. After a four-week trial, the jury deliberated for five hours and determined the City’s laws were not discriminatory.

Firm Name

Keller/Anderle LLP

Practice Area Committee

Accomplishment Type

Quick resolution by settlement of ADA website accessibility claim

Accomplishment Description

Putative state and nationwide class action challenging consumer goods company’s website’s accessibility to the visually impaired under federal, New York State and New York City statutes. Resolved without motion practice thanks to effective coordination with client’s in-progress technology efforts and strategic planning to resolve claim prior to entry of any court order that could have triggered statutory attorneys’ fee liability.

Firm Name

Culhane Meadows PLLC

Practice Area Committee

Accomplishment Type

Summary Judgment Victory

Accomplishment Description

Succeeded in getting a Motion for Summary Judgment  granted in favor of the Defendant, in a federal lawsuit in the Southern District of Florida  on behalf of large real estate broker alleging that Defendant’s website is not accessible to Plaintiff as a visually-impaired person in violation of the Americans with Disability Act (ADA).

Firm Name

Nelson C. Bellido, Esq.
Roig Lawyers

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