Litigation History and Experience

SIGNIFICANT CASES

2009-2013 Wear v. Gerow, et al

Lead counsel in complex business litigation which utilized paperless discovery of more than 30,000 documents and computer records. The case settled before the scheduled trial date.

2010-2012 Muller v. Puckett, et al

Out-of-state counsel in Oregon wrongful death lawsuit brought by the heirs of a Nevada resident killed in an industrial trucking accident. I shared my civil investigation findings with the prosecuting attorney in the related criminal case, which resulted in a guilty plea on the first day of the criminal trial. The civil case settled at statutory cap, plus economic damages. I obtained lifetime survivor benefits on the widow¡¯s behalf in the contested workers compensation claim.

2008 Foster v. Jones, et al

Represented the victims in a personal injury lawsuit that resulted in a $3 million settlement, less costs and fees, just months before trial.

2007 Low v. Redwine, et al

Represented the victims in a personal injury claim that settled at policy limits of $1.12 million, less costs and fees, without a lawsuit. I provided digital copies of all documentary evidence, photographs and video to the Lyon County District Attorney¡¯s Office to aid in prosecution and sentencing of the responsible driver.

2006 Ponce v. Nevada Dept. of Transportation

Appellate counsel in the Nevada Supreme Court appeal of the dismissal of a wrongful death case.

2005 Smith v. confidential defendants

Represented the victim in a personal injury lawsuit that concluded in a $1.2 million settlement, less costs and fees.

2005 Browns v. Kidder

Represented the victims in a real estate case in which my clients were awarded permanent injunctive relief and a $100,000 judgment for intentional interference and nuisance.

2004 Bailey v. Confidential Defendants

Represented the victim, a female employee, in a civil rights case in which a substantial confidential settlement was obtained.

2003 Neade v. Rite of Passage

Trial counsel and appellate counsel in a Nevada Supreme Court appeal that overturned the trial court¡¯s dismissal and ruling that exclusive remedy applied in a worker¡¯s compensation retaliation case. Confidential settlement reached.

2003 Williams v. State of Nevada, et al.

Represented the parents of a seven-year-old boy who was killed in multi-vehicle collision. This complex wrongful death case against six defendants settled before trial. The presiding judge nominated me for Outstanding Trial Lawyer of the Year.

2001 Rumsey v. United States Navy

Represented the mother and surviving sister of a child killed in a head-on collision involving a civilian employee. The Federal tort claims action settled for a total of $1 million for all claimants, subject to the statutory fee cap of 25%, plus costs.

2000 Billy v. Ginn

Represented the victim in a wrongful termination and breach of contract case against a surgeon¡¯s employer. The jury awarded economic damages of approximately $250,000.

2000 Simmons v. Confidential Defendant

Represented the victim in a breach of contract case against an employer, which resulted in a $125,000 settlement, less costs and fees.

1999 Kinard v. N.H.P.

Represented the victim in an employee civil rights case that resulted in a substantial confidential settlement that included back pay and her return to work.

1996 Young v. Casebolt, et al

Represented the victim in a manufacturing defect case in which the presiding judge awarded $3.4 million, including punitive damages of $1 million.

1995 Simpson v. City of Reno

Plaintiff/appellate counsel in a Ninth Circuit appeal overturning the U.S. District Court¡¯s dismissal of an age discrimination case. A substantial confidential settlement was reached after remand.

1994 Pagni v. N.H.P.

Plaintiff/appellate counsel in an employment case wherein the Nevada Supreme Court directed settlement negotiations following oral argument. My client was reinstated with back pay, and the Board of Examiners approved what was (then) the highest settlement in the State's history for a case that did not involve a death.

1992 Schlang v. Key Airlines, Inc.

Lead plaintiff counsel in four-month Federal Court trial alleging wrongful termination of employment and violations of the Railway Labor Act for the employer's interference with the employees¡¯ right to form a union. Plaintiffs were awarded $500,000.00 in punitive damages.

1991 Palmer v. State of Nevada

Trial counsel and appellate counsel in a Nevada Supreme Court appeal that overturned the dismissal of my client¡¯s sex discrimination and wrongful termination case on summary judgment motion. A substantial confidential settlement was reached after remand.

1991 IBEW v. Kindred, et al.

Defense counsel in a lawsuit for non-payment of union dues after clients attempted to resign from the I.B.E.W., and a successful countersuit which compelled the acceptance of their resignation and resulted in an award of attorney fees.

1990 American Bank Stationery v. Farmer

Trial counsel and appellate counsel in the Nevada Supreme Court appeal that upheld the trial court¡¯s finding that my client had overcome the presumption of at-will employment, affirmed the $410,478.88 jury award, and ordered payment of interest on the judgment, and reimbursement of costs and attorney fees related to the appeal.

1988 Alford v. Sands, et al

Represented the victim in a wrongful termination case. My client, a cocktail waitress, was fired in retaliation for complaining to hotel security that a bartender, who later became a manager, was (among other unsavory things) rewashing and reusing fruit in drinks. The jury awarded Ms. Alford nearly $260,000. A substantial confidential settlement was negotiated after defendants filed an appeal.

(NOTE: other significant cases have been omitted due to confidentiality agreements.)