Litigation
Getting results in every phase of trial practice Successes
- Jury returns defense verdict in favor of JMBM client TAT Capital Partners, Ltd. For TAT Capital Partners: JMBM lawyer Matt Kenefick recently obtained a defense verdict in favor of JMBM clients TAT Capital Partners, Ltd. and Mark Putney. The Plaintiff, ZF Micro Solutions, Inc., claimed $77.5 million in damages for TAT's and Mr. Putney's alleged breaches of fiduciary duty. Following a month-long trial, the jury deliberated for 90 […]
- For Vulcan Materials Company, Western Division: California Court of Appeal rules in favor of JMBM client in CEQA challenge For Vulcan Materials Company, Western Division: On February 19, 2013, the Second Appellate District of the California Court of Appeal ruled in favor of JMBM client Vulcan Materials Company in a CEQA challenge brought against the City of Azusa by the City of Duarte. Duarte sought to prevent Vulcan's plans to change the location of […]
- For Troesh Materials LLC: Second Appellate District Court ruled in favor of JMBM client In a decision published on February 8, 2013, the Second Appellate District Court ruled in favor of JMBM client Troesh Materials, LLC in a challenge brought pursuant to the California Environmental Quality Act (CEQA) against the County of Santa Barbara's approval of Troesh's Diamond Rock Sand and Gravel Mine and Processing Facility (the "Diamond Rock […]
- JMBM successfully defends a lender against a borrower/guarantor seeking to set aside guarantees and deeds of trust on real property securing commercial loans JMBM successfully defended a lender after a week-long trial against a borrower/guarantor seeking to set aside guarantees and deeds of trust on real property securing commercial loans based upon allegations of fraud and mutual mistake. The lender was represented by Richard A. Rogan.
- For ORIX Capital Markets, LLC: JMBM successfully confirmed a Creditor's Plan of Reorganization and defeated Debtor's Plan of Reorganization in a Chapter 11 case filed by a hotel located in the Monterey Peninsula JMBM represented ORIX Capital Markets, LLC in confirming a Creditor's Plan of Reorganization and defeating the Debtor's Plan of Reorganization in a Chapter 11 case filed by a hotel located in the Monterey Peninsula so that a liquidating agent could be appointed to sell the hotel at an auction sale. Robert B. Kaplan represented ORIX […]
- Santa Clara Jury returns multi-million dollar verdict in favor of JMBM client TAT Capital Partners, Ltd. SANTA CLARA—On June 10, 2010, the Santa Clara Superior Court entered judgment in favor of JMBM client, venture capital fund TAT Capital Partners, Ltd., for more than $4.5 million on a breach of contract claim against embedded semiconductor corporation ZF Micro Solutions and more than $9.2 million on fraudulent transfer claims against 22 individuals. JMBM […]
- Appellate Court affirms $2.3 million judgment for JMBM client Cosmos Jewelry Ltd. in trade dress infringement case Cosmos Jewelry Ltd. Prevails in Trade Dress Infringement Case Appellate Court Affirms $2.3 Million Judgment Jeffer Mangels Butler & Marmaro LLP announced that its client, Cosmos Jewelry Ltd. — known as Denny Wong Designs — prevailed before the U.S. Court of Appeals for the 9th Circuit in a challenge against the $2.3 million award in […]
- JMBM led precedent-breaking litigation to reach an agreement between a mining operation and the city of Irwindale, California to extend the life of the Irwindale quarries After precedent-breaking litigation, JMBM client, United Rock Products Corporation, and the city of Irwindale, California reached agreement to extend the life of the Irwindale quarries for 25 years. The transaction is most notable for the creation of a joint powers authority between the city of Irwindale and the Irwindale Reclamation Authority. Under the arrangement, the […]
- For G.H. Palmer: JMBM completed litigation resulting in the demolition and reconstruction of a 1,000-unit Los Angeles apartment structure In Palmer v. City of Los Angeles, JMBM successfully litigated a contentious and highly controversial case arising out of the demolition of an old structure without permit in downtown Los Angeles. The settlement resulted in new development of nearly 1,000 apartment units.
- For a regional gasoline retailer:JMBM beneficially resolved administrative and litigation claims in an MTBE contamination case JMBM attorneys were able to successfully resolve administrative and litigation claims against a regional gasoline retailer in an MTBE contamination case involving the City of Santa Monica, the Southern California Water Company and multiple multinational oil companies.
- JMBM successfully defended a Los Angeles newspaper against a libel lawsuit Inglewood, California Mayor Roosevelt Dorn's libel lawsuit against the Los Angeles Sentinel and a staff columnist over alleged defamatory claims linking Mayor Dorn's position on a local ballot measure to build a Wal-Mart Supercenter Store in the city was rejected by a Superior Court judge due to lack of merit. JMBM represented the Sentinel and […]
- For 24 Hour Fitness USA Inc.: JMBM helped settle, during trial, a multimillion dollar securities fraud and unfair business practices case During the trial, JMBM litigators participated in settling a complex, multimillion dollar securities fraud and unfair business practices case for 24 Hour Fitness USA, Inc., bringing years of challenging litigation to closure.
- For the California Mining Association: JMBM achieved a high wind exemption critical to large construction projects throughout Southern California JMBM attorneys, acting on behalf of the California Mining Association (CMA), filed suit against the South Coast Air Quality Management District challenging its adoption of a new regulation. As part of the settlement JMBM achieved for the CMA, the SCAQMD was required to amend the regulation and allow a high wind exemption critical to CMA […]
- For Volkswagen of America, Inc.: JMBM defeats class action lawsuit JMBM prevailed in a class action lawsuit brought against its client,Volkswagen of America, Inc. The plaintiff claimed injury because of a "Made in the U.S.A." designation on license plate frame holders. The lawsuit sought damages and injunctive relief. In dismissing the lawsuit, the Court applied recently-enacted language from Proposition 64 which limits a person's right […]
- JMBM Wins a Major Patent Infringement Trial: Jury verdict of $570 million Los Angeles orthopedic surgeon Dr. Gary K. Michelson, who revolutionized spinal fusion surgery with the invention of spinal fusion implant technology, and his company, obtained a jury trial verdict against Medtronic Sofamor Danek, Inc. in litigation involving contract claims and patent rights. In a three-month long jury trial, Dr. Michelson's legal team secured a total […]