In Brief: A Digest of Alternative Dispute Resolution Projects

Client Success

Won arbitration for a leader in manufacturing, engineering, and distributing wire rope, synthetic rope, specialized assemblies, wire products and electromechanical cable. Systime Computer Corp. initially filed a claim against our client for unpaid invoices, and client countered citing breach of contract and professional negligence, requesting actual and punitive damages after reductions for unpaid invoices. We secured an award of $3.1 million in actual damages and $1 million in punitive damages, netting $2.1 million for our client.
Represented a general contractor against a Marriott Hotel owner in claims seeking payment for nearly $1 million in additional work. The owner took the position that all such claims were contractually-barred and that the contractor actually owed $1 million, to the owner, for delays to the construction project. After four weeks of trial (to the arbitrator), our client was awarded about 95% of what we sought, plus several hundred thousand dollars in attorneys' fees and costs;
Defended engineering firm through mediation and suit settlement with a developer over alleged defects in subdivision infrastructure design;
Favorably resolved arbitrations of complex disputes arising from risk contracts between managed-care clients and two integrated hospital networks;
Represented several hospitals in a claim against an HMO in a dispute over payment issues. Obtained a fully favorable arbitration award in excess of $6 million;
On behalf of nationwide wholesale sub-prime mortgage banker, obtained defense award in $35 million arbitration in Orange County, Calif., for breach of confidentiality agreement and wrongful solicitation and hiring of employees;
Represented Midwestern trust company in seeking approval of trustee fees in the face of numerous allegations of breach of fiduciary duty asserted by beneficiaries, first in an arbitration spanning more than two years and then in a trial in probate court. In his 88-page opinion, the arbitrator ruled in favor of the trustee on all issues. Probate court issued 127-page decision following 20 months of deliberation, finding in favor of the trustee on the key issues in the case;
Defended corporate and individual trustees in a 60-day arbitration against numerous claims of breach of fiduciary duty, concluding in a decision in favor of clients on all claims;
Won favorable decisions from district and appellate courts for metropolitan newspaper over union’s attempt to arbitrate the modification of retirement benefits;
Counsel in prosecution of arbitration claims for breach of contract, tortious interference, conversion and malicious trespass to property (prevailing on all counts) against a nationally recognized newspaper organization. Client was awarded $2.4 million, including $750,000 in punitive damages;
Lead counsel in month-long arbitration and two related and contemporaneous state court matters on behalf of national construction company relating to dispute over new hotel project involving 30 subcontractors, the project owner, the landlord (municipality), construction lender and others. Project owner was ordered to pay nearly $700,000 and client’s attorneys’ fees.